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Crimes

Can a Criminal Defense Attorney Defend Someone Who’s Guilty?


— January 19, 2021

Criminal defense attorneys do their work of defending the fundamental human rights of people as directed by the U.S. Constitution and cannot be compromised.


There are cases from history and present times when bad people get defended in court and acquitted, which creates furor against the lawyers who protect them. Or in situations when everyone knows that a person is guilty, but the lawyer defends. Thinking with a different perspective, the need is to support fundamental rights. In the eyes of the law, a guilty person can make an effort to defend himself, and here comes the crucial role of a criminal defense attorney. 

There are instances where a person is falsely accused, and though he appears guilty, he will need a reputed lawyer to defend his case. In either case, if the person is guilty, he may get lesser punishment, and, in a situation if the person has been falsely accused, then he will get justice. 

Before you consult a lawyer, you may be wondering two things.

  • Does your lawyer think you are guilty?
  • No matter what opinion your lawyer has about you, can he defend your case?

When you talk with criminal lawyers, the first point does not matter. The main concern is with issue two. It’s because the lawyer has to defend against the blame and prove his client innocent or get lesser punishment, depending on the crime or the case.

Here we shall discuss how a criminal defense lawyer will defend a guilty person.

How can an attorney defend someone who they think is guilty?

The answer is not an easy one, as there is a difference between factual and legal guilt. And as a lawyer has a responsibility towards their client, they have to uphold that.

What happens in a trial?

OKC law school courtroom; image by David Veksler, via Un splash.com.
OKC law school courtroom; image by David Veksler, via Un splash.com.

The work of a defense lawyer is to defend you against the charges presented. When there are charges against a person, most often it’s because he or she has committed a crime. In the legal landscape, you are not guilty unless proven, and you cannot be deprived of liberty, property, and life unless your guilt is established.

With the burden of proof given by the prosecution, the entire trial is to prove or fail to prove that you’re guilty of a crime you have been charged with.

As stated above, there are two types of guilt, factual and legal. The former is not discussed in a trial. The process circles around proving if you are guilty or not. The prosecution may provide enough evidence to bring you into the circle of doubts.

Often, a criminal defense lawyer won’t ask you whether you are really guilty or not because that is not what their work is meant to do. Their job is to defend you and create a fair case.  

What if truth surfaces?

One crucial point is that even if a client admits his guilt to the lawyer, a lawyer may never be sure that the client is guilty. The client may be trying to save someone else, or there may be some other reasons playing in the background. The essential thing to remember is that it is not the lawyer’s task to discern actual guilt. The court will decide.

A criminal defense lawyer provides fiery representation.

No matter if you are guilty or not, your criminal defense attorney will fight vigorously for you and represent your case with flair. 

Though most people don’t like the work of criminal lawyers, they play a crucial role in offering justice and making sure that there are fair outcomes.  

Criminal defense attorneys do their work of defending the fundamental human rights of people as directed by the U.S. Constitution and cannot be compromised.

If you are facing charges, it is your right to seek legal assistance. Consult a good lawyer for your case today.

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