Why We Defend The Accused

One question I am almost always asked whenever I meet a new
friend is this:  "How can you defend someone you know is  guilty of a
crime?"    My simple response, "It doesn't matter one way or
another; I do my job."   And broken down to its bare parts my job is
a simple one:  I ensure my clients constitutional rights are protected
and I ensure that if the State is attempting to classify my client as
"guilty" that the State does so by proving every element of the crime
alleged beyond all reasonable doubt.  

It is my job as a defense attorney to gather and organize all the
evidence in my client's case, research the cases and laws,  determine
the best possible defense, and obtain the absolute best possible
outcome for my client.  Lets get it straight, a defense attorney's job
is not to get justice...that is the job of the State prosecutor.  A
defense attorney's job, what he is paid to do, is to get a favorable
outcome for his client who retained him.  I refuse to just be a
conduit for so-called justice and simply hold my client's hand as he
makes his way through the system on way to a plea agreement which
finds him with a criminal record and multiple fines and penalties.  
There is always a defense to be had, the defense lawyer only needs
to care enough for the system to put in the time to find it.  

In addition to my response that I do not care about guilt or
innocence, I typically put my new friend in the driver's seat.  

Me: You are sitting at home on your couch when all of a sudden the
police break down the door and arrest you and your spouse.  They
begin searching your home without a valid search warrant and low
and behold they find an unregistered handgun that your grandfather
had given you.  You now find yourself faced with a criminal charge.
How do you feel about your circumstance?    

Friend:  Well that doesn't sound fair because they didn't have a  
search warrant.  

Me:  Yes, but you are guilty of that crime aren't you?  Unregistered
handgun = crime = guilty = conviction, right?  What does it matter if
they had a warrant or not?

Friend:  Well, yes, but ...

Me:  You might want a good defense attorney right about then
wouldn't you?  

Friend:  Yes.

Now, through this example I am not saying that a person having
an unregistered handgun in his home is a good thing, and if there is
such a law making such a possession illegal he by all rights could be
charged with a crime.  But as his attorney certain defenses must be
raised.  I am not arguing that possessing an unregistered handgun is
okay, I am arguing that an American citizens are protected from the
government entering our homes without a warrant and searching for
illegal activity.  

Likewise, in my practice of defending DUI crimes, I do not
advocate drinking and driving.  I am the first person to say that if
you plan on drinking, get a designated driver or call a cab.  
However, most people do not heed such advice, or else they may
not be feeling the effects of alcohol, but nonetheless their blood
alcohol content is above the legal limit and they find themselves
arrested on a DUI charge.   It is now my job to ensure my client's
rights are protected.  Most prevalent, to make sure the State meets
its burdens before any sort of conviction may occur.  Did the
arresting officer violate my client's constitutional rights?  Was there
probable cause to stop my client?  Was there a reasonable suspicion
to ask my client to step out of the car and perform Field Sobriety
Exercises?  Did the officer conduct the Field Sobriety Exercises
correctly?  Did the officer  conduct the breath test correctly?  And
at trial:  Has the State proven all elements of DUI beyond all
reasonable doubt in the minds of the six jurors?  

These are all issues we as defense attorneys deal with on a day to
day basis.  If it were not for us the Constitution would worth nothing
more than the paper it is written on.  Defense attorneys define the
meaning of those articles and amendments.  Without us, or by
allowing inept defense work to be conducted, the greatest criminal
justice system in the world would be in shambles.  

That is why we defend the accused.                   
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