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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27488
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If a lawyer knows that s client is guilty can he still

Customer Question

If a lawyer knows that his client is guilty can he still continue defending him
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 1 year ago.
Expert:  Zoey_ JD replied 1 year ago.

Yes, he can because under our law a defendant is presumed innocent unless/until proven guilty by the state beyond a reasonable doubt. So any defendant who wants to put the state to their proof can choose to go to trial, and a lawyer can represent him.

What the lawyer can NOT do is to suborn perjury. That is, if his client tells the lawyer that he is guilty of the crime, the lawyer cannot put his client on the stand and have him say he did not do it. But since under US law criminal defendants do not have to testify, he can keep his client off the stand and hold the state to its burden of proof.

Expert:  Zoey_ JD replied 1 year ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.