Right to Zealous Representation by Your Criminal Lawyer
Experienced SC Criminal Defense Attorneys
Not everyone who is convicted of a crime is actually guilty, and not everyone who receives an acquittal (or a dismissal of the charges) is actually innocent. Sometimes a defendant who knows they are guilty may fear their lawyer will not represent them, or will not defend them effectively if they believe they are guilty.
By providing zealous representation, the attorney makes sure that the authority to decide a defendant's guilt or innocence is placed in the hands of a judge or jury. Attorneys are bound to be “zealously advocates” for all clients, not just innocent ones.
This may encourage someone from being honest with their attorney, which in turn, delays the attorney’s efforts to provide a thorough defense. The attorney has a duty to “zealously represent any client”, regardless of whether the attorney believes in the client’s guilt or innocence.
Meeting the Burden of Proof
In South Carolina, the prosecution side needs to meet the burden of proving guilt beyond a reasonable doubt. If this burden cannot be met, the case will fail, even if it seems more likely than not that the defendant committed the crime. Certain issues like the admissibility of evidence, or the credibility of witnesses, may also weigh on the prosecution’s ability to secure a conviction. In South Carolina, the difference is known as factual guilt versus legal guilt.
Understanding the Duties of Your Lawyer
A lawyer is not a detective or investigator. Your lawyer’s job includes crafting the strongest possible argument for the client under the circumstances, rather than determining how the specific events unfolded. Your lawyer cannot lie by claiming that you (the defendant) is innocent if they believe that you are guilty, or by asserting false information to support that position. They can, however, attack the prosecution’s proof and theory of the case by arguing that the prosecution has not presented enough evidence to prove their case.
The Duty to Defend Against Legal Guilt
A lawyer’s duty is to defend against legal guilt, rather than factual guilt. This means that the lawyer may focus on whether the prosecution has enough evidence to prove guilt, and not necessarily on whether their client actually committed the crime.
In some cases, a criminal defense attorney may advise their client that they should admit their guilt as part of a strategy to receive a more lenient penalty. If the client does not accept the lawyer’s recommendation, the U.S. Supreme Court has ruled that the lawyer cannot enter a decision for them, and makes it constitutionally forbidden from admitting the client’s guilt.
In other cases, a defendant may “admit” to committing a crime (although they did not) in an effort to protect someone else. There are also defense strategies that may excuse or justify conduct that would normally be criminal. As a result, criminal defense lawyers may not place as much weight on a client’s claim that they committed a crime preferring to focus on the legal aspects of the case instead.
Seeking a SC Criminal Defense Attorney
When facing criminal charges, one’s freedom or livelihood is often tied to the outcome of a case. It is advisable to retain an experienced attorney that will give the case the attention and detail necessary to secure the best possible outcome. At The Shelton Law Firm, you will find experienced criminal defense attorneys for people in state-wide South Carolina, Hilton Head, and the surrounding Lowcountry. Call 843.802.0087 to schedule a consultation.