No Kidding, Defense Attorneys Can Be a Man’s Good Buddy
On the twisting Ohio River is a shimmering metropolis. In this bustling metropolis is a skyscraper. In the massive building is a conference room looking out over the river. In the leather highback chair across from a terrified man sits a Cincinnati Criminal Defense attorney. This terrified man has told his fair share of lawyer jokes and has often made fun of attorneys. Today this Cincinnati criminal defense lawyer is his favorite person in the universe. This lawyer is his only hope to return him to the world he once knew.
The alleged criminal was in the wrong place at the wrong time and with many bad reasons to be there. He didn’t murder his business partner in a violent spasm, but somebody did. The partner was sleeping with his wife, embezzling money from the business, accusing his son of stealing, black mailing his brother and laughing in his face. He had motive and his dna and finger prints were all over the condo. The partner was killed with a 9 mm glock, the same kind of hand gun that the man used on the pistol range two weeks ago. The prosecutor wasted no time in suggesting a plea bargain that would take the death penalty off the table, but send him up the river for the rest of his life. The evidence was overwhelming. The attorney hinted it might be his only real option. The man rejected the deal, he knew he was innocent. The lawyer was delighted because he enjoyed difficult cases. The lawyer didn’t ask if the man was innocent because he wasn’t concerned with the truth. The lawyer knew the man would claim he was innocent, he just wouldn’t know if it was the truth or a lie.
A defense attorney reviews the evidence and discovers the holes in the case against the client. It is a matter of reviewing all of the discovery and determining if the case has foundational weaknesses where reasonable doubt can be established. Most defense lawyers have to play a game of teeter-totter, balancing facts with supposition, creating possibilities, finding alternative theories and inspiring doubt. Rarely does a defense lawyer look at a defendant like a friend or brother. The bond between client and lawyer is simple; help the client walk free or at least get the best deal possible. Can murder one be reduced to a lesser charge? That might be a victory.
Occasionally, in the service of a client’s interest, a lawyer express disdain for the person. They want to underscore the idea that this person, no matter how unpleasant, needs the jury to provide blind justice based on the law, not on popularity. The man charged with murder is counting on his lawyer to turn an impossible situation around. The lawyer is tasked with looking at the facts, hard and cold and navigating the best path through the legal system.
A good lawyer will orchestrate a defense that forms the facts into a good narrative to present to the jury. A competent attorney will anticipate the twists and turns of the prosecutions case. A good lawyer can mean the difference between life as a free person and capital punishment. If he survives, the man will never tell another lawyer joke.
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