One of the most commonly asked questions I'm asked as a criminal defense attorney is "how can a lawyer defend someone who is clearly guilty of a crime such as murder"? In the United States, we all have certain freedoms. These freedoms are provided by the Constitution of the United States. Under the Fourth, Fifth, and Sixth Amendments, we all have the right against illegal search and seizure, the right to remain silent, and the right to a speedy and public trial where you can cross-examine and confront accusers.
Regardless of being guilty or not, the Constitution of the United States gives everybody this right, even those accused of the most heinous crimes. To be guilty, the state or government needs sufficient evidence before officially declaring someone as so. As a criminal defense lawyer, I am simply making sure that our constitution is upheld. Guilty or not, lawyers should not make moral judgments on their clients. A lawyer's duty is to defend the individual accused and defend our rights as American citizens.
Legally Guilty vs. Factually Guilty
What if it's clear the accused committed a crime? Although all elements of a crime are technically satisfied, an individual can not be legally guilty until they go through the criminal justice system. All defendants are presumed innocent until they are proven guilty in the court of law. In this sense, a lawyer must view their client as if they are representing someone who is innocent because of this law. Factual guilt usually refers to what the defendant did while legal guilt is what can be proven in court. If someone is factually guilty, they may not be legally guilty if there is no sufficient evidence.
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When you trust your criminal case to The Law Offices of Matthew Konecky, you'll get our personal attention and one-on-one service throughout the process. Contact our Palm Beach Gardens office to talk to our legal team and find out if we are the right firm for you or call us at (561) 671-5995 today.