Reply To: Jew becoming a lawyer or judge -halachic problems ✡️⚖️

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#1389949
Ex-CTLawyer
Participant

@AviK
One of the first things law students are taught in their first Criminal law class is don’t ask your client of he did the act for which he/she is charged.

Again, I don’t practice criminal law, but I do teach as an adjunct professor at a law school and have taught Legal Ethics/Professional Responsibility.

If your client admits to having committed the act with which he/she is charged. The lawyer is required to enter a non-guilty plea if that is the wish of the client.
This plea is often entered at the arraignment and/or bail hearing. It is useful in negotiating a plea bargain with the prosecutor. The client may never go to trial to decide guilt, only before the judge for the acceptance of the plea bargain and for sentencing.
If the client goes to trial for the crime charged, the lawyer must defend the client to the best of his ability. This is usually done by presenting alternative theories of the crime: who else, had motive, opportunity, access, etc. This is not the lawyer making a statement that the client is not guilty, but presenting scenarios that could raise doubt in the eyes of the trier of fact (judge and/or jury). What the lawyer may not do is put the client ion the stand if he knows the client will be lying. I have discussed this in an earlier reply.

Example> my client John Doe is arrested and charged with shoplifting under $200 worth of merchandise. This would be a misdemeanor charge of larceny in the sixth degree in CT. Client tells me he took the goods from the store without paying. I go with client to arraignment, enter the plea of not guilty and he is released on a promise to appear. If he entered a plea of guilty, he would immediately be taken into custody and could be held in jail for up to two business days until he went before a judge for sentencing. He would then on a first offence be offered accelerated rehabilitation. Make restitution, stay clean for a year, pay court costs and all records would be wiped out in one year. If it was a 2nd or 3rd offense, then he’d probably get ordered to pay restitution, a fine, 90 day sentence, suspended and probation for a year.

If he pleads not guilty and has no appreciable record, the prosecuting attorney will want to clear the workload and will offer a small fine, no jail time or probation. No need to be held in jail awaiting a trial. If no previous record, accelerated rehabilitation will be offered. In both these cases with no trial, the client will not be made to pay court costs.

Felonies are different, but pleading your client not guilty may allow him to be out on bail while awaiting trial. A guilty plea usually means instant incarceration