Is it unethical for a defense attorney to tell his client to lie? I recently studied a case where a theif was given the perfect solution to get out of a crime, all he had to do was lie and say he was a drug addict and opposed to getting a prison sentence, he would get 90 dys in rehab. Is it unethical for an attorney to tell the theif to lie to get a better sentence? He was not a druggie, just a crook.
By spidermonkeyfingers -04-15 20:25:04
Best Answer: Read the u.s. supreme court case of Nix v. Whiteside. Not only can the lawyer not advise a client to lie, if the lawyer knows that the client intends to commit perjury that lawyer cannot participate in that effort. There are some who do it, of course, just as their are unethical plumbers. The majority, however, take their obligations quite seriously. I know one lawyer who never even strays close to the line. As he explains it, this is the only way he knows how to make a living and he won’t do anything to jeopardize that. By laughter_every_day
Make to much for a court appointed lawyer, but cant afford to hire a private attorney? I don’t understand why they go by your gross income. I have no money right now.what are my options? Its a juvenile offense if that makes any difference. Also in iowa
Thanks for the sarcasm..I didn’t run out and get a cellphone I already had one. Thats not a crime. I just wanted some info. Thanks anyway
By elizabethd -03-22 14:46:36
Waas up: Welocme to the us justice system, based on how much $ you spend.
Kenny: Well, it appears you have internet access and more than likely a cell phone too. Plus, I bet you have cable/satellite. These are considered “luxury” items. The courts go by your gross income because there are things that I am sure you can do to have extra money (e.g. getting rid or your luxury items, stop eating out, etc.). If you still do not have enough, I suggest you get a second job.
EDIT: It’s not sarcasm, it’s the truth; and the truth hurts, doesn’t? So, you are admitting that you have a luxury item. Therefore, how are you able to afford to pay for that? You need to discontinuing your cell service, unless you are in a contract with them too. Remember, it is nobodies fault that you broke a criminal law; it’s your fault!
VTer: Go to the Lawyer Referral Service in your state. It’s possible that you could get a lawyer pro-bono (free of charge).
KalidoreWestheimer: They go by gross income because it’s the most fair. If they only counted your actual disposable resources, it’d be too easy for people get court appointed attorneys when in reality they can afford their own. For example, if someone is making $200,000 a year but spends their money as fast as they earn it on multiple houses, multiple luxury cars, massive entertainment systems, etc., why should they be entitled to a court appointed (and publicly funded) attorney?
What I find interesting is that you say it’s a juvenile offense. In my state (and most that I know of), juveniles are automatically entitled to a public defender if they ask for one.
As for your options, if the court won’t appoint an attorney, you can either represent yourself or find an attorney who will agree to a payment plan option & you can pay him/her back over time (or who’ll take the case pro bono).
Can my GF get a jury hearing for a probation violation? My girlfriend recently hasd a probation violation for having a gun. She had it for protections from an ex that would not leave her alone. I dont want to see her get a long prison term or anything for this. In the state of Ohio is it possible to get a jury for this case? Thanks!
By tdietel01 -01-02 16:24:48
HD: no, she’s already been convicted for an offense and violated her probation. probation is meant to give someone a second chance, she blew it. this is not a new charge.
davidsgvsela: There are no trials for a probation violation, only a probation hearing where the judge decides her fate. Jury trials are only available for new cases that she has been formally charged with. Her original charge for which she is on probation is where a trial by jury would be available. If she violated probation by violating a special condition it is up to the judge to decide whether or not she is going to see a jail. If she violated with a new charge then thats different.
Joey is arrested for illegal posession of a firearm, goes to trial, and is found guilty. The judge sentences Joey to 60 days county jail, $500 fine, 400 hours community service to be completed in 6 months, and 1 year probation. Joey doesn’t complete community service in the time alloted so he is now in violation of a condition of probation. At a probation hearing set by the P.O., Joey has no proof that he completed his community service hours. The judge gives him 7 days county jail (by now it’s completely up to the judge whether or not to be nice and give Joey more time to complete comm. svc.,tack on a jail stay, or more fines). Lets now say Joey does his comm.svc., pays fine, does his 7 days county but arrested on a new charge before his year of probation has expired. Joey is now again in violation of his probation and whatever he is sentenced to on the new charge wil be compounded with his probation violation. In this example Joey is on formal probation where he must check in with a probation officer. If Joey was on summary probation, he has no P.O. but not completing any of probation guidelines is still a violation. However If Joey is arrested on a new charge while on summary, the new charge would have to be the same or similar to the original controlling case in order for it to be a violation. Like a new gun charge.
Jan: Nope. Even if she could,I doubt any jury would sympathize with someone on probation having a gun,no matter what the reason.
The judge will make the ruling. It isn’t going to be in your GF’s favor. She violated her parole with a very serious offense. She will be spending some time in jail.
What should I look for when trying to retain a criminal defense attorney? I am looking for a lawyer to represent my mentally ill adult brother on a drug charge. I have no idea what I should be asking the attorneys I call (other than their fees) since I never dreamed I would need an criminal attorney. Can anyone advise, please?
By SmartyArty -07-13 13:33:24
Best Answer: There’s a good guide here: http://www.vanwagnerwood.com/CM/Custom/HOW_TO_CHOOSE_A_GOOD_CRIMINAL_DEFENSE_LAWYER.asp
and another here: http://www.ehow.com/how_2057467_choose-criminal-defense-attorney.html
Also, ask around. Word of mouth is often a great way to find out who did a good job and who didn’t make an effort.
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How do I go about finding the “best” criminal defense attorney in my area (US)…? If ever I should get into some sort of trouble and require the services of a criminal defense attorney, naturally I would want to retain the best one that is available in my region.
How should I go about finding who the best attorney for my needs (New Jersey)? Obviously, I cannot predict the nature of the criminal matter of which I might some day need help with, but would you kindly outline how to go about finding the most suitable attorney to obtain the best outcome for me?
Thank you for your help.
By Jack Rabbit Slim -11-07 22:19:53
JMortonEsq: Check your wallet. In the USA, you get as much justice as you can afford.
Daniel Escurel Occeno: GOOGLE or the Governor of New Jersey could suggest someone. He would make an excellent United States Attorney General.
Do all california criminal defense attorneys have to do pro bono cases through out their whole career? and if so how would i find a criminal defense attorney that specializes with gun charges trying to do pro bono in my area? .. (riverside ca.)
so there was a conflict of interest on the case and he can no longer have a public defender out of that courts office had someone from the conflict of interest panel take the case is this good? or bad?
By T.C. -06-10 06:52:38
Zach: No. There is no requirement for a private attorney to do pro bono work. You need to contact the court and request a public defender
not keels: sorry, i dont know a lot about what youre talking about i just thought id thank you for your long answer, must have taken you a while to write. nevertheless i still think youve misjudged my boyf but i gave you ba anyway
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