Challenges Every Criminal Attorney Faces But You Never Thought They Existed
Criminal defense lawyers or attorneys could be considered one of the toughest and most competitive jobs out there. The problems they have to face are quite unusual and odd from a common case. This is because they have to defend an individual or company that is charged with criminal activity whether they are guilty or not.
The Legal Duties
These lawyers are obliged to a variety of legal duties. They owe their clients defenses. On the other hand, they are also obliged to present the case in court in an honest manner avoiding any conflict of interest. This means, they cannot represent both parties in the same criminal case. Most of all, they are indebted to keep the communication between their client and themselves in confidential matter.
Because of these delicate obligations, most criminal defense lawyers have to deal with many issues and difficulties encountering all types of challenges.
Saul Bienenfeld, an NYC Criminal Defense Attorney, said that the public perception of defense attorneys is all wrong. “One of the biggest challenges criminal defense attorneys face is the perception of people who question behind the defending people charged with a crime,” said Atty. Bienenfeld.
He further said that many of his clients were innocent and even if his client is guilty, he still must receive the best defense he could possibly get. “People don’t understand that, and it is often looked upon as if I am doing a disservice to the community by defending them.”
Atty. Bienenfeld added that in the United States, they have a negative perception of criminal defense attorneys. On the other hand, in England, you could be both the prosecutor and a criminal defense attorney at the same time. “I’m not saying they have a better system, but they don’t perceive criminal defense attorneys the same as they do in this country,” concluded Atty. Bienenfeld.
The Moral Views
This is one of the several challenges a criminal defense attorney has to face with. The criminal defense lawyer is often subjected to the most intense criticism for accepting the defense of an accused who is guilty or obviously guilty or who probably confessed his guilt. The criticism becomes violent and fervent when the defense lawyer becomes successful in defending his guilty clients and have been set free.
In some cases, the lawyer may also drop the case to avoid the heated criticism. However, this may evade the basic problem in the practice of criminal law. It is stated in the general principle that the lawyer may defend the accused by all lawful means.
As the Marquette Law Review noted, the general principle governing criminal trials is that the accused has a right to be free from punishment until he is proved with moral certainty to be guilty. It further stated that the lawyer for the defendant could utilize in all honest means to avert the verdict of guilty. If the lawyer commits himself to facts and he may present them in such manner that the jury will render a verdict of not guilty, then the general principle still stands.
The lawyer has to stand for his client but he should never furnish information, but present legal evidence instead.
The responsibility of the criminal defense lawyer is to defend his client by all lawful means. He is bound to do so. Once he accepted the defense in contract, he is pledged to devote his skills and knowledge to defend his client no matter what.
On the other hand, in some troublesome situation, in which the client admitted his guilt to the attorney, the attorney may still proceed to defend the client by all lawful means, in terms of his defensive action that is perceived as moral and right.
The Three Cons in China
Meanwhile, in China, three are the biggest issues criminal defense lawyers are facing. These include the difficulty in meeting with suspects, the difficulty in carrying out investigation and collecting evidence, and the difficulty in getting access to the prosecution’s case files. These have become hazards to their criminal defense work.
These three difficulties and the other challenges facing criminal defense lawyers in China have been documented many times. This also explains why several new lawyers from China are hesitant to have criminal defense work or case.
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