Why do attorneys choose to represent persons accused of crimes?

Some people think that men and women only become attorneys because of money, and there are probably those out there who did become an attorney to make their mark financially. However, more often than not, you hear attorneys talk about making the decision to become a criminal defense attorney because they wanted to help people, a common reason for doctors to take up medicine as well. There are many reasons why to become a criminal defense attorney, from a love of the law to a desire to see justice served.

How can you represent someone who is guilty?

This is a tricky question sometimes, since attorneys represent people who are clearly guilty of the crime as well as the innocent someone as innocent. Attorneys learn to compartmentalize their own personal feelings about a case, focusing solely on each client as their client and never taking the time to let their emotions keep them from representing that person to the best of their abilities. Viewing the client as a criminal will create issues that would be difficult to overcome, especially since each individual is innocent until proven guilty in a court of law. The best approach is to view the client as a person who has become mired in difficult circumstances.

How are criminal defense attorneys different from prosecutors?

Put simply, a prosecutor has to act on the assumption that everyone they prosecute is undoubtedly guilty of a crime, since that is their job. They present the case to the judge in the hopes of getting a conviction. Criminal defense attorneys have to defend their clients, instead of attempting to convince a judge of guilt or innocence. Basically, you can look at the prosecution as the offensive team and criminal defenders as the defensive team.

Do guilty and not guilty pleas mean different tactics for a criminal defense attorney?

Yes. When you are pleading not guilty, you set out to develop a strategy of proving that you did not commit the crime in question. On the other hand, when you plead guilty, your focus becomes trying to reduce the charge and the sentence to as low as possible given the circumstances. Usually, this means offering plea agreements in order to eliminate the minor charges and get as small a sentence as possible for the more serious charges.

This information is provided solely for informational purposes and does not constitute legal advice.

William Bly of The Law Office of William T. Bly is a Portland ME defense lawyer who is often focused on criminal defense issues. To read more info, please visit the firm's website.