If you are guilty of an offense, isn't it malpractice for an attorney to try to get you off instead of advising you to plead guilty?
2007-07-14 05:06:38 · 8 answers · asked by Edward F 4 in Politics & Government ➔ Law & Ethics
If you have been arrested for a crime, you have the right to a lawyer. If you cannot afford one, the court will appoint one for you. The lawyer appointed for you will typically be a public defender [in instances where there may be a conflict, the court may appoint a private attorney to act on your behalf.]
A lawyer has an ethical duty to zealously represent his client. The prosecution has the duty to prove guilt beyond a reasonable doubt. Unless there is a plea bargain, the typical defense attorney will have his client plead "not guilty" -- that does not mean that the client did not do what he is accused of doing, it merely means that the prosecution must prove a case against the defendant.
In most cases, a criminal defense attorney will try to negotiate a plea deal for his client. The idea is to try to get the client to spend the least amount of time in jail as possible. It is also in the prosecution's interest to engage in plea bargains because it means that they do not have to prepare cases for full trials.
2007-07-14 07:54:24 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
A couple of VERY interesting issues in your question.
First of all, what the Constitution "guarantees" you is the right to be hear by a jury of your peers in this case of a criminal offense.
As to lawyers, you have the right either to have one or NOT to have one.
As to justice, a verdict of "guilty" is returned only when you are legally PROVED guilty -and you are presumed innocent until so proved. Thus, whether you are guilty or NOT, you are innocent until proved guilty. It is the job of the plaintiff to provide the burden of proof of your guilt -YOU don't have to do anything to prove innocence. So, "the ball is in THEIR court" from the get-go.
That said, if you TOLD the attorney you were guilty -and there is no other reason he/she would find some exception to your so saying, and the attorney pleads you as innocent, then he's a liar -which is just another word for "attorney." It is not so much a malpractice question (you have no damages because of the attorney's action) as it is a violation of the attorney's ethical responsibility as an officer of the court.
And all THAT said, your story is that the attorney is trying "to get you off..." You DID not say he was pleading you as innocent. And so, someone may plead guilty -may, in fact, BE guilty- but receive a very light punishment or none at all. That happens when the guilt exists as a legal, technical matter -but no harm was intended and none was done. Example: going 60 mph in a 55 zone -downhill, and with the flow of other traffic, on a clear day ...etc. This is when you say, "Yes, maybe I was going over the limit, but your honor...etc." The judge sees you have no criminal or traffif record, slaps your hand and tells you to get lost. Also, you can be released without prejudice or penalty because they didn't "read you your rights" or do other things they're supposed to.
It gets complicated, but you get the general idea. In any event, if all the layer was attempting to do was reduce the penalty or get you a "get out of jail free card," there is NO PROBLEM.
I hope this helps.
2007-07-21 17:25:28 · answer #2 · answered by JSGeare 6 · 0⤊ 0⤋
The lawyer is there to get the best result for their client. THey work for you, not against you. Anytime you are accused of an offense you have the right to a defense. If you are guilty, just plead guilty and take responsibility for your crime.
2007-07-22 01:37:33 · answer #3 · answered by kajun 5 · 0⤊ 0⤋
The constitution is clear, a person charged with an offense is given the rights so as to protect himself, one of the rights is " the right to have a counsel preferably of his own choice, or if he cannot avail one the court will provide a counsel for him." and " the right to remain silent, because anything that he will say will be taken against him." Here it is clear that a person charged of a particular offense needs the assistance of a counsel to guide him of what to do or to say. The counsel is not allowed to speak unless he is speaking in behalf of the client. He will only speak of what the client wants him to and the counsel would only speak on things that involves his client. So as to your question, the lawyer will speak for his client specially in court and the lawyer is also needed to give legal advice, so it acts as both.
2007-07-20 03:04:05 · answer #4 · answered by tart 2 · 0⤊ 0⤋
No. It's not malpractice.
In fact, the standard rule is for the lawyer to act in the best interests of the client, and that best interest is usually served by not having the client serve any jail time.
That's the nature of an adversarial system, and has been since long before this country was founded.
2007-07-14 12:10:19 · answer #5 · answered by coragryph 7 · 1⤊ 0⤋
well they can do both if they have u bad n u r really guilty then they can advice u to plead guilty but other wise they will try to get u out of it if they are a good lawyer
2007-07-14 12:15:45 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No, they most diffently speak for you but if the prosecuters have a case against you then you would have to plea guilty but your attorney suppose to get you a lesser charge or time serve if you spent time in jail.
2007-07-21 19:49:14 · answer #7 · answered by tanyjah 1 · 0⤊ 0⤋
no, but you have the right to fire him or not follow his advice.
2007-07-14 12:10:48 · answer #8 · answered by jessemriggs 2 · 0⤊ 0⤋