Also known as: defence counsel · defense-counsel · defense attorney · defendant's counsel
Written by attorneys · grounded in primary & secondary sources — see below
A lawyer who represents a criminal defendant and provides constitutionally required assistance throughout prosecution. The lawyer owes duties of loyalty and candor that preclude assisting perjury or improperly handling physical evidence.
Doris Duffy told her lawyer she intended to testify that she was elsewhere during the robbery. The lawyer investigated and concluded the story was false. He refused to call her and informed the court of the expected perjury after attempting to dissuade her. The court permitted Duffy to testify in narrative form but the lawyer did not elicit the false statements.
Denise Donovan's lawyer learned from her the location of a weapon used in the assault. The lawyer visited the site, photographed the gun without moving it, and notified police of its location. At trial the prosecution introduced the gun but could not question the lawyer about Donovan's communication.
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Darius Dixon's lawyer chose not to present additional character witnesses at the capital sentencing hearing. He relied instead on the plea colloquy statements already in the record to avoid opening the door to damaging cross-examination. The strategy produced a life sentence rather than death.
Devon Drake's lawyer objected when the prosecutor described the case as misuse of nonpublic information. The lawyer argued the instructions failed to require proof that Drake knew the information was confidential. The court overruled the objection and the jury convicted.
Delilah Duran sued a publisher for false light after a dramatized account of her hostage ordeal. Her lawyer introduced evidence that the scriptwriter knew the play was fictionalized yet presented it as reenactment. The jury awarded damages on the false-light claim.
Dominic Drake was questioned for two hours in a police station without receiving Miranda warnings. His lawyer moved to suppress the signed confession obtained at the end of the session. The court granted the motion because the warnings were never given.
No. Counsel's duty of loyalty does not extend to assisting the client in committing perjury. The lawyer must first attempt to dissuade the client and may disclose the perjury to the court if necessary.
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No. Communications about the location remain privileged, but the lawyer who removes or alters evidence must turn it over to law enforcement. The prosecution may learn the location from police but cannot compel disclosure of the client communication itself.
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Delays caused by defense counsel, including court-appointed counsel, are ordinarily attributed to the defendant unless there is a systemic breakdown in the public defender system.
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…used against me."[^maj-67] At his trial before a jury, the written confession was admitted into evidence over the objection of defense counsel, and the officers testified to the prior oral confession made by Miranda during the interrogation. Miranda was found guilty of kidnapping and rape. He was sentenced to 20 to 30 years'…