I am charged with assault and I have a criminal defense lawyer. Maybe it is just my personality but I wonder how much can One generally trust that his lawyer will work 100% for his client's interest. In my case, I believe that the case could be dropped without going to trial. But as my lawyer said that he is working on many different cases with the same prosecutor, I wonder that if a lawyer is motivated to give some concession to the prosecutor for a simple case like mine, such that he will get some favor from the prosecutor in a harder case (for example instead of trying to get the case to be dropped he will devise a pre trial intervention to give some face to the prosecutor).
Is this a valid concern?
Not a valid concern unless you have some specific knowledge. Your lawyer works for you not the government.
No, this is not a valid concern. An attorney is ethically required to do his or her best for every client, regardless of how big or small the case may be. Your concern, if true would be to suggest that your attorney was engaged in a conspiracy to sell you out in your case in order to get a better deal for other clients. That is ridiculous.
I don't believe that this is a valid concern at all. attorneys are ethically bound to zealously advocate on behalf of their clients and not to his/her detriment.
With a private attorney this is lesslikey not a concern and is unethical. Especially if your case is a winner. Concessions may be subconscious, who knows. PDs have a grater opportunity for such things but they do not do this consciously either.
I would find it very hard to believe that any attorney would risk everything for such a thing. It is also highly unlikely that a prosecutor would engage in such behavior. Talk to your attorney openly so that you feel comfortable. Very often what seems to a layman to be simple is not so. The wheels of justice turn slowly. Be patient and make sure that your attorney explains to you what is happening and why. Also dont be afraid to ask questions. Call me if you have any further concerns.
Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: [email protected] NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.
You can fully trust your criminal defense attorney whether he is a private attorney, or a public defender. Your attorney is committed to diligently working your case and pursuing every avenue. Additionally, your attorney is bound by the rules to diligently work on your case. When I worked as a public defender, I found that many of my clients had the misunderstanding that the attorneys were not committed or that because we worked with the same prosecutors we might not work as hard on every case. That is simply not true. Although many defendants feel that their cases are not valid and should be dismissed, most cases will not be dismissed. When the prosecutor takes the case to a grand jury for indictment the grand jury decides to indict based on evidence presented during those proceedings. They essentially determine that there was probable cause to arrest and that an indictment is appropriate. Thus, at that point the prosecutor's office feels fairly sure that they have a case against you, and will pursue the case against you. After that, if you choose not to take a plea deal you will likely have to get through a trial in order to "beat" the charges against you because it will be up to a jury to decide whether the state can make out all of the elements of the case. Generally, cases are not simply dismissed even if you believe the charges are not valid. Your lawyer will not be motivated to make concessions to the prosecutor in order to get a better deal on another case. You should let your attorney do the work, and trust that he or she is doing all that he or she can. If you feel that you are not being represented the way that you should be, however, you are always free to interview and retain private counsel. I hope that this answer is helpful.
That is not a valid concern. It is necessary that you have faith in your counsel. You need to be completely honest with him/her about the details of the event. If you do not trust him/her, you should talk to another counsel. However, I do not believe this concern is not a very rational one.
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