Corrupt lawyer problem?
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Corrupt lawyer problem?
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My sister's fiance is facing a breaking and entering trial next month, and his lawyer thinks he's guilty. There is lots of comments shes made that make it seem like shes working with the prosecution. She even came out and said she thinks he's guilty. But the witnesses dont have a clear description of the culprits, and the victim says's it wasnt him also because he knows the guy. He has a lengthy criminal record with the city, but its not B&E related. The lawyer wont put anything in his favor into evidence and basically isnt going to give him a defense. The only people saying he did it are the guys they caught and they only are bringing his name in because he turned them in for something a few years ago. What should he do?
Additional Details
he does have an alibi, and he has medical records proving that he had to get his spleen removed earlier that month because of an accident, so its nearly impossible he could have stolen what they are accusing him of. his lawyer hasnt made any attempt to contact the witnesses. Its a small southern town and notorious for being corrupt.
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Common
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As a preliminary point, its not absolutely necessary for a lawyer to "put on a defense". The way that the justice system works is that the prosecutor must prove (beyond a reasonable doubt) that the defendant committed the crime. If the prosecutor can't do that, all the defense attorney has to do is move to dismiss the case.
Past that, there's too much left out of your question to know what to say. There are a million reasons why the "evidence in his favor" isn't being entered - maybe its barred by a rule of civil procedure or statute, maybe its not germane to the issue, etc. Now if he's got an alibi that's something different.
Finally, a defense attorney's opinion about guilt or innocence doesn't matter. As a criminal defendant, it doesn't matter if your attorney does think you did it. All that matters is that the attorney represent you in accordance with the law. If you believe he is not receiving that, then get him another lawyer or make a bar complaint. |
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Murzy
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Dismiss your lawyer and hire another one. report your lawyer to the dept of attorney ethics. every state has one. |
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quizzard123
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First of all, the lawyer is not 'working with the prosecution', because that would get her disbarred (fired). What the lawyer does have is an understanding of the case, and the evidence available, and an understanding of the rules of evidence. It may very well be that the 'evidence' they want to bring forward is not admissible. If not, she can't enter it.
We cannot judge a case and say if this guy is guilty. That is up to the judge and jury. If he loses, he then has the option of applying for a retrial on the basis of lack of representation. I'm assuming this is a legal aid lawyer? If not, he should get another one. |
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No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
