When Should a Client Tell His Version of the Facts to a Defense Lawyer?
Coaching witnesses or a defendant to lie under oath subjects both the attorney and their client to criminal action. Furthermore, it is not the most effective way to defend an accused who is paying for competent representation against pending charges.Criminal Lawyers may not ethically suborn perjury
This makes sense when you think about it. A skilled prosecutor will be able to expose lies and fabricated testimony in much the same way that a defense attorney does in seeking to exposes biases and over reaching on the part of law enforcement officers. Neither jurors, nor the court favor an untruthful witness.
Even slight inconsistencies in a defendants statements or actions can mean certain death from a criminal defense standpoint. On the other hand, honest, believable testimony will be reward significantly in all cases and the best person to articulate defense facts and circumstances is the accused.
William Moore, an Attorney in Broward County claims that an experienced criminal defense lawyer should never ask for a defendant’s recollection of the facts until every bit of the Prosecutions evidence against them is made clear to the client. Even then, a through explanation of the Assistant State Attorney’s case must be adequately conveyed to the accused.
At no point should a defendant’s explanation of the facts as he or she will testify should be made known unless failure to do so will result in a lost opportunity for defense counsel to investigate and obtain evidence tending to exonerate the client. The way a defendant recalls the facts surrounding their arrest will often change once the evidence against them is made known and understood.
It is the responsibility of their chosen defense lawyer to avoid putting them in a position to change their version of the events due to the learning of all evidence against them.
Contact Attorney William Moore for Moore information about what client’s should expect in assisting their lawyer in preparing a successful defense.