Being arrested and charged with a crime can be an overwhelming experience, often leading to fears about whether a lawyer will take your case. The misconception that lawyers only represent innocent clients can add to this anxiety. However, no matter the circumstances, our attorneys are committed to advocating for their clients—whether they are innocent or guilty.
At Johnson, Johnson, Whittle, Lancer, and Staggs in Aiken, our primary duty is to ensure that the state meets its burden of proof. It’s not enough for a prosecutor to simply believe in your guilt; they must prove it beyond a reasonable doubt. Our criminal defense attorneys are dedicated to challenging the prosecution’s case and pursuing a fair outcome on your behalf.
If you’ve been charged with a crime in South Carolina, discussing your options with our experienced criminal defense team can help protect your rights and freedom. At JJWLS, we take pride in defending the rights of the accused and are ready to discuss your case in a consultation. Contact us today to learn more.
Can a Criminal Defense Lawyer Ask if You Are Guilty?
In the U.S. criminal justice system, every defendant is presumed innocent until proven guilty. It is the prosecutor’s responsibility to prove a defendant’s guilt, not the defendant’s burden to prove their innocence.
Criminal defense attorneys have the ethical duty to represent all clients, regardless of their guilt or innocence, as long as they do not intentionally lie or mislead the court. This means that even if you confess to your lawyer that you committed the crime, they are still allowed to represent you.
However, it’s worth noting that if you decide to plead “not guilty”, your attorney cannot argue that you did not commit the crime. Instead, they will focus on challenging the prosecution’s case, placing emphasis that the prosecution has not proven every element of the offense beyond a reasonable doubt.
This approach ensures that your rights are protected and that the prosecution is held to the highest standard of proof.
Understanding Factual vs. Legal Guilt
When it comes to criminal charges, it’s important to differentiate between factual guilt and legal guilt. Factual guilt pertains to whether a person actually committed the act they are accused of. This is usually a straightforward case of whether the incident happened as alleged.
On the other hand, legal guilt is a bit more nuanced and is focused on whether a person is guilty of violating a criminal statute under the law. Legal guilt relies on what the prosecution can prove in court.
Even if someone is factually guilty—meaning they did commit the act—they may not be legally guilty if the prosecution fails to meet the burden of proving every element of the crime beyond a reasonable doubt.
Therefore, someone can be factually guilty but legally innocent. This distinction highlights the need for proper legal representation, even if you think you are factually guilty. An experienced attorney can challenge the prosecution’s case, potentially leading to an acquittal if the evidence is inadequate or if there are legal grounds to exclude certain evidence from trial.
Having a knowledgeable criminal defense attorney from JJWLS is important to help you navigate the complexities of SC’s legal system and ensure that your rights are protected, no matter the circumstances.
What if the “Truth” Comes Out?
Even if you confess guilt to your lawyer, the lawyer may never be entirely certain of your guilt. Some people could lie to protect someone else, or there could be other unknown factors influencing the situation. Lawyers are bound by ethical standards that require honesty; they cannot knowingly present false evidence or lie about information related to their client’s legal guilt.
Attorney-client privilege is integral to such a case, as it protects confidential communications between attorneys and their clients. This privilege ensures that clients can speak freely with their lawyers without fear of those conversations being disclosed in court.
Ultimately, it’s not the criminal defense lawyer’s role to determine the truth of a client’s guilt or innocence. The lawyer’s responsibility is to provide the best possible defense within the bounds of the law. The determination of guilt or innocence is the court’s responsibility, and it is based on the evidence presented and the legal standards applied.
This separation ensures a fair legal process and upholds the integrity of the justice system.
Example Case
Let’s consider a hypothetical scenario: Jane is charged with shoplifting after allegedly taking a handbag from a high-end store. She admits to her criminal defense lawyer that she did indeed take the handbag. Despite this admission, Jane’s lawyer discovers several weaknesses in the prosecution’s case.
For instance, the store’s hidden camera footage is of poor quality and practically unusable as evidence. Additionally, the store’s security guard, who reported the incident, was at the end of a long overtime shift and had been drinking alcohol, potentially compromising their reliability as a witness.
Jane’s lawyer can leverage these weaknesses to argue for her acquittal. Before the trial, they might present these facts to the prosecutor, suggesting that the case is too weak to proceed. During the trial, the lawyer can argue to the judge or jury that the prosecution has not met the burden of proving Jane’s guilt beyond a reasonable doubt.
However, it is important to note that Jane’s lawyer cannot ethically assert that “Jane didn’t do it,” since Jane admitted to the act. The lawyer’s argument must focus on the inadequacy of the prosecution’s evidence.
This example highlights the fine line that criminal defense lawyers navigate between ethical and unethical conduct. They must vigorously defend their clients while adhering to strict ethical standards, ensuring that the prosecution’s case is held to the highest level of scrutiny.
Talk To a Criminal Defense Lawyer Today
If you have been arrested on suspicion of a criminal act in South Carolina, you have the right to obtain legal counsel. You can choose a criminal defense attorney who will advocate for you and work towards achieving the best possible outcome in your case.
At Johnson, Johnson, Whittle, Lancer, & Staggs, we are committed to providing strong and dedicated representation for the accused. Our experienced criminal defense attorneys are ready to help you build the most robust defense strategy possible. We are dedicated to fighting for your freedom and ensuring that you receive fair treatment under the law.
If you are ready to begin your defense, contact us today at (803) 649-5338 to schedule a consultation. Our team is here to support you every step of the way, using every available resource to secure a just outcome in your criminal case.
