One question I get asked a lot is: How do you defend a person if you know that he/she is guilty?
It’s my humble opinion that this is asking the wrong question. Criminal law is different than any other area of the law because it has the focus always on the prosecutor or government. This dates back to the formation of our country. Back in the time of the tea party days, the British Government would accuse a person of a crime, right or wrong, this person then had the enormous task of proving himself/herself innocent. This led to abuse in prosecuting people to serve the crown and/or political interests. To avoid this, our founding fathers set our criminal law system up to require the government to prove a person’s guilt.
A criminal defense attorney’s job is to ensure that this standard is protected and that the government is not allowed to prosecute without checks and balances. A criminal defense attorney is the check on the government, to make sure the evidence is sufficient for a conviction, to ensure fairness in our system, and to ensure our rights are respected. So, to me, the question is not did he/she do it, but can it be proven.
If you or a loved one has been accused of a crime, let’s talk about your defense options. Call me at (303) 747-4686 or email me – Denver Criminal Defense Lawyer Laurie Schmidt – for effective, aggressive defense representation.