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defense attorney questions and answers

Q: Defense Attorney?
Assuming someone has never been arrested before, how would they choose a defense attorney after they have been arrested, detained, or brought in for questioning? They're in a jail cell or at a police station , and assuming they can afford a good attorney and will not use a public defender, how would they choose a defense attorney? Especially when they only have one phone call? No one answered this question the first time I asked it. I don't need an attorney. This is just a general question.

A: Hopefully you'd have friends/family that could do the research, make the interview calls etc. Now days you don't just have one phone call, there are certain times you can use the phone, they are timed, recorded calls, but yeah, there was a time where you literally were only allowed one call, and I'm willing to bet if you got jailed in a small backwoods good ol' boys sheriff type jail, you might be lucky to get one call.

Q: Can a defense attorney quit a case because their defendant admits guilt to them?
I don't know anything about law. If you admit guilt to a defense attorney, I believe that they are legally obliged not to disclose that information. Can they choose not to represent you, if they're already agreed to be your attorney? Contracts signed, and such.. Ok. So they can claim ethical problems and ask to be removed from the case. But wouldn't this be a big signal to the judge/ other prosecutors that the defendant is GUILTY? Thank you guys. Ok. So they can claim ethical problems and ask to be removed from the case. But wouldn't this be a big signal to the judge/ other prosecutors that the defendant is GUILTY? Thank you guys.

A: Years ago, I took a "Citizen and the Law" class that was taught by a lawyer who had worked for some years as a public defender. He was asked how a defense lawyer could defend a person who admitted that they'd committed a crime they were charged with. His answer: First of all, he said that most public defenders don't ask their clients if they are guilty, if they did the crime, and most clients don't admit they did the crime. The defense attorney isn't interested in whether his client is factually guilty or not. His job is only to defend his client from the specific charges brought against the client, and he doesn't have to prove the client is innocent. All he has to do is convince the jury that the prosecution hasn't proven guilt beyond a reasonable doubt. The guy who taught this course said that most of the time, the defense attorneys concern themselves with issues about whether the police and the DA's office have followed the law in investigating the crime (i.e., haven't violated their client's Constitutional rights), and as a practical matter in getting their client the best possible deal they can. A client can fire his attorney and an attorney can ask to be taken off the case, and neither client nor attorney has to cite a specific reason for the split. Public defenders don't have a contract with the client. They are appointed by the court and paid by the government for their services. In the case of private attorneys who may have a contract with the client, the contract is usually going to have a clause that allows the attorney to opt out. If you remember the Robert Blake murder trial, Blake had several attorneys who quit his case before he went to trial, mostly because Blake wouldn't take the attorney's advice to not give interviews.

Q: What is the role of a defense attorney in a military trial?
I am the defense attorney in a mock of the My Lai trial, and need to know the attorney's role. This is for an 8th grade enrichment class and I don't know what the military defense attorney's role is. Is the role the same as any defense attorney?

A: To defend the accused, within the parameter's of the UCMJ!

Q: What happens when a defense attorney realizes his client is guilty in a captial murder case during the trial?
What if his client abruptly admits to the defense attorney that they commited the crime. Is the defense attorney obligated to disclose the confession?

A: Any communication between an attorney and his client is privileged and cannot be disclosed to anyone else. A lawyer that violated that privilege would be sanctioned and disbarred. The lawyer has only two options - either defend his client to the best of his ability or request to withdraw from the case.

Q: What do you have to do to become a defense attorney?
I am a student in Northern minnesota, and i want to become a defense attorney. Here's the catch. I don't know how to go about doing it. Can I get some advise?

A: Go to Law School and then try to hook on with a law firm that practices defense law. You might want to try contacting the Minnesota Defense Lawyers Association (http://www.mdla.org/) who can probably give you a ton more info.

Q: What is the process one goes through after hiring a defense attorney?
Let's say someone murdered their spouse. What would the process be after that person hires a defense attorney?

A: It wouldn't matter what the person did....process is the same. Pay for the attorney then plan spending a lot of time answering a lot of questions many times over and over again. Practice practice and then practice Q&A for a long time. A defenses attorney then takes the matter to court and usually gets at least 3 (min) extensions on the case which drags everything out for 10 to 12 months to build a good case. In the matter you are referring to I would hope a defense attorney would get more than 3 extensions because it sounds like he will have a big ol case to fight. Uh...I have had to get defenses attorney's but nothing for quite like your asking about. I needed defenses attorneys for DUI cases which of course I HAD NOT been under the influence (yeah right) that's what we all say isn't it?

Q: Can someone describe the motives of the prosecutor and the defense attorney in opening arguments?
Can someone describe the motives of the prosecutor and the defense attorney in opening arguments?Thanks!

A: the opening arguments by both sides are to outline what they will prove during the case. They give a vague outline of how they intend to do this. they outline evidence, witnesses, timelines, and they try to give a view as to the defendants/arrestees for doing or not doing something without creating too much expectation for their side but the opposite for the other side.

Q: what are the education requirements to become a defense attorney?
im 17 years old and im still in high school but when i graduate i want to pursue my dream to be a defense attorney. what are the steps following high school and how long does it take if i plan on being a full time student..? how much do they make a year.?

A: First you go to college, typically 4 years. Then three years of law school. Criminal Defense attorneys' earnings vary greatly from lawyer to lawyer and region to region. New criminal defense attorneys typically do not make much money, especially compared to civil defense lawyers.

Q: Can the results of a MMPI 2 ordered of the plaintiff by the defense attorney be made public?
A friend won a lawsuit against a company he worked for. The damages portion of the case is separate from the liability portion. The defense attorney ordered my friend to undergo a MMPI2 (psychological evaluation) and then released John's results publicly. Is that legal? Or is it an invasion of John's privacy? Joh is now getting quite a bit of heat from the results. Did the defense attorney violate his HIPAA rights?

A: Attorneys don't have everything memorized. I would need to read HIPAA, and perhaps find some cases to really figure this out. However, HIPAA generally applies to health care providers.

Q: What is the role of the judge, the prosecutor, the defense attorney?
Can anyone tell me what the role of the judge, the prosecutor, the defense attorney is?

A: The judge arbitrates a trial, and proposes the sentence, The prosecutor, is working for the state and is the accuser, who has to prove the people's case. The defense attorney defends the accused.

Q: What happens if a defense attorney doesn't believe the suspect's story?
What will happen? Does the defense attorney still have to defend them?

A: Yep. Doesn't matter what you know, it matters what you can prove.

Q: How to write a closing statement as if i were a defense attorney?
for english i need to write a closing statement as if i were a defense attorney and my client was a woman being paid less than man who did the same work. any help would be nice.

A: A closing statement is a summary of what the evidence shows. It is not a time for the lawyer to give his opinion as to who did what, but to argue that the evidence is weak or insufficient to prove that the defendant did what is charged. You could argue that the defendant paid the man more because he had more experience if that was put into evidence, or that he worked there longer therefore qualifying for raises which she would earn if she stays there. The defense will have presented evidence of all other similar employees pay scales, and can argue that there are women who earn the same as the man, and other men who earn what the woman earns, or less. Good Luck OOPS, I just reread your question, if you are the defense attorney your client is the employer of the man who earns more, if you are the plaintiff's attorney you are the prosecution, and then your client is the woman who is suing. Which are you??

Q: How would you find a defense attorney?
Hypothetically ---- You just got a DWI, narcotics offense, or vehicular manslaughter. You don't want the public defender. Where do you go to find a good defense attorney?

A: Check the yellow pages, local bar association, referrals from friends

Q: how much money does a defense attorney make?
Im about to start college, to be an attorney, and i was just curious to the income of a defense attorney.

A: It varies greatly depending on the firm and type of practice. I think the average salary for a law school graduate in the U.S. entering private practice is around $70,000/year, however that includes lawyers going to work for themselves and smaller shops that may not pay as much as a larger firm. The larger firms have been engaging in salary wars for years. The last bump in NYC has first year lawyers at big firms starting at $160,000.

Q: If a defense attorney becomes a Prosecutor doesnt conflict of interest apply a lot?
I was reading a fictional book about a defense attorney who represented many criminals becoming a assistant DA and was thinking that a lot of conflict of interest cases would come up due to knowledge learned while defending the criminals in that area. Does that happen often I wonder?

A: It's not necessarily a conflict of interest. A former defense attorney who becomes a prosecutor is still bound by attorney-client privilege. He can't reveal anything about his former clients, even if he's later prosecuting them. The court would not allow evidence obtained that way to even be heard by a jury anyway. Now, I imagine that in reality, the prosecutor would likely hand off any cases involving a former client to another prosecutor to even avoid the appearance of a conflict. But, I suppose if it's a rural area with a very limited number of prosecutors, it could conceivably happen.