[ Ссылка ] - Criminal defense lawyer, Michael Waddington, discusses questions commonly asked of defense lawyers:
Do criminal defense lawyers represent guilty people?
How do criminal defense lawyers represent guilty people?
Why do criminal defense lawyers represent guilty people?
How do criminal defense lawyers sleep at night?
What do I do if my client is guilty?
How do defense attorneys sleep at night?
[ Ссылка ]
Gonzalez & Waddington, Attorneys at Law: We fight false sexual assault claims worldwide.
What are the roles, duties and obligations of criminal defense lawyers under the US Constitution and rules of ethics?
Criminal defense lawyers in the United States play a crucial role in the justice system, and their roles, duties, and obligations are deeply rooted in the U.S. Constitution. These responsibilities are essential for ensuring that the rights of the accused are protected and that the legal process is fair and just.
1. Upholding the Sixth Amendment:
Right to Counsel: The Sixth Amendment guarantees the right to legal representation. Defense attorneys must provide competent legal representation to their clients.
Effective Assistance of Counsel: This is not just about presence in court, but also about providing knowledgeable, strategic, and effective advocacy.
2. Presumption of Innocence:
Defense lawyers are responsible for ensuring that their clients are treated as innocent until proven guilty, as per the presumption of innocence principle.
They challenge prosecutorial claims and evidence to ensure that the burden of proof lies with the prosecution.
3. Defense and Advocacy:
They are obligated to advocate zealously on behalf of their clients, defending them against criminal charges.
This includes developing a defense strategy, presenting evidence, and arguing on behalf of the client in court.
4. Confidentiality and Privilege:
Attorneys are bound by attorney-client privilege, meaning they must keep information shared by their clients confidential unless specific, rare exceptions apply.
This confidentiality is vital for building trust and encouraging open communication between the lawyer and client.
5. Legal Advice and Guidance:
They provide legal advice to clients about their rights and the legal process.
This includes advising clients on the risks and benefits of different legal strategies, including going to trial or accepting plea deals.
6. Investigation and Discovery:
Defense lawyers investigate the circumstances of the case, which may involve hiring private investigators, consulting experts, and interviewing witnesses.
They engage in the discovery process, obtaining evidence held by the prosecution and evaluating its strength and admissibility.
7. Representation in Court:
They represent clients in court, including pre-trial hearings, trials, and, if necessary, sentencing hearings and appeals.
This involves cross-examining witnesses, challenging the prosecution’s evidence, and presenting legal arguments.
8. Ethical Conduct:
Defense attorneys must adhere to ethical standards set by the legal profession, including honesty in their representation and avoiding conflicts of interest.
They must also respect the court and its procedures, even while vigorously defending their client's rights.
9. Ensuring Fair Trial:
Part of their role is to ensure that the client receives a fair trial. This includes objecting to improper evidence and procedures.
They also play a role in jury selection, ensuring an unbiased jury is empaneled.
10. Sentencing Advocacy:
In cases where the client is found guilty, defense lawyers advocate for fair sentencing, presenting mitigating factors and arguments for lesser penalties.
Criminal defense lawyers are essential to the functioning of the American legal system. Their role is not just to defend the accused, but also to uphold the principles of justice, fairness, and due process as enshrined in the U.S. Constitution. Through their work, they help maintain the integrity of the legal system and protect the rights of individuals against the power of the state.
Attorneys:
Michael Waddington [ Ссылка ]
Alexandra Gonzalez-Waddington [ Ссылка ]
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