Many times, we all have wondered, “How can an attorney defend someone who is guilty?” The law stipulates that every person, whether guilty or innocent of a crime, has the right to have a defense and assistance that defends their position and, in other cases, can obtain an adequate and non-arbitrary sentence. The lawyer will exercise this right over the guilty for the defendant to receive the most support.
The cases can be complicated since sometimes, in addition to the fact that the person is guilty, they have some evidence that proves his or her guilt too, so here is where we ask ourselves, “How can he or she be defended?”
These are some strategies that can be applied when defending someone who is actually guilty.
Study The Prescription
When assuming a defense, the prescription is always the first thing to check (whether or not the client is guilty). Many times, due to the complexity of the investigation, the delay of the victim in reporting, or the slowness of the court, the time elapsed from the commission of the crime until the proceeding is directed against the culprit exceeds the deadline, and this gives us time to allege the prescription and save the client from the sentence.
Mediation and Negotiation
In these cases, the lawyer must use his negotiating skills and his conviction capacity to avoid criminal proceedings for the client. Or reach a fair agreement with the opposing party (who, if he has really suffered a crime, has the right to be compensated) that avoids filing a lawsuit and, on the other hand, convinces the client that, even if pride dictates otherwise, a good agreement is better than the possibility of ending up in prison.
One of the biggest mistakes a lawyer can make is losing perspective, getting carried away with excessive optimism, and convincing the client that their case is won when it may not be. The lawyer must know where to focus his abilities in order to gain a greater benefit and not waste time on things that he knows will not work.
Another simple way to reduce the sentence is to proceed to repair the damage, which means compensating the victim before the trial.
A lawyer like Attorney Russell Spatz, who has over four decades of experience in this matter, can investigate your case and help you navigate the legal system. If you find yourself facing a criminal charge in Florida that needs to be taken seriously, or if a loved one has been arrested or charged in Florida, it is imperative to have a professional and experienced attorney on your side.
To meet with Attorney Russell Spatz to discuss your criminal matter, please call the Spatz Law Firm, PL, at 305-442-0200.