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Questions about the Defense Attorney by Meghan Jones





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Questions about the Defense Attorney by
Article Posted: 04/02/2013
Article Views: 62
Articles Written: 575
Word Count: 632
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Questions about the Defense Attorney


 
Law
An attorney who represents a person in legal matters is called a defense attorney. This attorney may have the responsibility of making sure that his/her client gets a fair trial. He/she may be appointed by a court or may be hired by the individual. One of the duties of the attorney is to negotiate with the prosecution for the client. He/she should prove his/her client’s innocence to the judge. Given below are some of the questions that are commonly asked about defense attorneys:

What obligations may a criminal defense attorney in Florida have if he/she thinks the defendant is guilty of the crime and the defendant wants to testify?
One of the duties of a defense attorney is to help a client decide what to do and how to do it. This includes helping the client decide if he/she should testify or not. Though the attorney may advice the client, they cannot decide for the client. Hence, they cannot stop the client from testifying if he/she has decided to do so. The only thing the attorney may do in such a situation is tell the client how he/she may be affected by the testimony. It may be considered unethical if the attorney does not allow the client to testify.

A criminal defense attorney may not judge whether his/her client is guilty or not. His/her only job is to make sure that the prosecution is fair towards his/her client and does a good and ethical job.

Can a criminal defense attorney have a sexual relationship with a current client? Will this be allowed if the attorney-client relationship is over?
The duty of a defense attorney is to put in as much effort as possible to defend the client. It may not be considered to be in the best interest of the client if he/she gets into a sexual relationship with the client. In most cases, the client may not be thinking straight due to the pressure and stress of the case. The sexual relationship can also affect the attorney’s judgment. Most of the states may not allow criminal defense attorneys to accept contingency fees because the attorney can have a stake in the outcome of the case. However, it may not be an issue if the sexual relationship was developed after the case is over.

Can a defense attorney be changed after a pre-trial and a pre-trial interview?
People have the right to change a defense attorney at any point in the case. However, it may be tough to get a new attorney once an attorney has already started working on the case. Also, many people may not be given extra time by the court to prepare the new attorney.

Does the defense attorney have the right to give a person’s personal information to her ex-husband? This information was passed on in the town by the ex-husband.
In the situation like the one mentioned above, the woman may go to the courthouse and check the file to see if a protective order was given by the judge. This order is meant to protect information from being passed onto others.

If there is a protective order, then it would be considered a violation of that order. The woman may file a motion to send the attorney a show-cause notice to explain why he/she should not be held for contempt of court. However, it may not be considered a violation if there was no protective order.

Many people get arrested for different reasons every day. The first step that a person should take on being arrested is getting a defense attorney. You may ask a lawyer if you have any questions regarding defense attorneys and their duties.

Related Articles - criminal defense attorney, defense attorney, defense attorney questions,

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