You NEVER ask if they did it. Defense attorney is supposed to give the best defense that they can. But if you know they are lying ("Well, yeah, I did it, but I want you to say I was in Schenectedy at the time") then, you've got a problem. Because you can't KNOWINGLY foster a fraud upon the court. So you ask, "What is your defense?". But you don't want to know if their defense is a lie, because then you can't put it forward.
What is your defense?
I was in Schenectedy when the crime was committed.
Did anybody see you there?
Why yes- yes they did. My cousin was there, and she'll testify to it. Also her boyfriend- we went out for a few beers.
OK- what's your cousin's name, and how can I get in touch with her? And the boyfriend, too? Where did you go for the beers?
And so on, and so forth. That's how you build your case- never questioning whether the whole thing is just a scam. If you intimate to the court that its a scam, and that your client is actually guilty, you can get disbarred.
Defense work is not for the faint of heart- nor for the strong of character. A year of it was enough for me.
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Today's Featured Article - The Great Escape - by Dave Hollrah. It all began Monday with a little baling of second crop on the lake shore field, and as I drove out past my sister and her hubby's place, this small calling sound could be heard from the general direction of their manure pile. Out of the yard, over the cows and bale piles, through the dozer piles, poplars, and brush, out onto the ditch grade road, past the noisy 6.2 diesel engine pulling my well traveled Suburban along. Well it sure didn't take me long to figure out what it was because I alrea
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