If a defense attorney know that the prosecutor is nearly to miss a file deadline?
against his client, is the defense lawyer obligated as an officer of the court to inform the prosecutor so that he can enter the charge on time? Added information: the client is guilty.
Answers:
NO, the defense attorney is NOT obligated to do so and should not do so. There is a difference between the situation your are chitchat about and lets say-so making a false statement to the court. The former is OK and the latter is not. A defense lawyer is bound to act inside the law and ethics to zealously represent his client. Making the state run through its paces is always OK.
If the state misses a deadline, the defense should hope to take advantage of that to the benefit of his client. For instance, let say the state requires a defendant to be charged within 179 days of arrest. Under that state's rules, if the state fail to charge within 179 days, the defendant is entitled to be discharged forever from the charge for which he was arrested. In such a situation, the defense would not be obligated to remind the state nearly the deadline and indeed should not. Instead, an effective defense counsel, on the 180th day or soon thereafter should directory a motion for discharge for violation of speedy trial.
No it is not the responsibility of the defense attorney to do the prosecutors job for them.~
Related Questions:
What is the diference of a defense attorney and a criminal legal representative?
What are some apt question a defense attorney might ask?
Defense Attorney's Are Good People?
Does anyone know a honourable defense attorney around Southern Illinois?
Defense Attorney's Opening Statement?
Answers:
NO, the defense attorney is NOT obligated to do so and should not do so. There is a difference between the situation your are chitchat about and lets say-so making a false statement to the court. The former is OK and the latter is not. A defense lawyer is bound to act inside the law and ethics to zealously represent his client. Making the state run through its paces is always OK.
If the state misses a deadline, the defense should hope to take advantage of that to the benefit of his client. For instance, let say the state requires a defendant to be charged within 179 days of arrest. Under that state's rules, if the state fail to charge within 179 days, the defendant is entitled to be discharged forever from the charge for which he was arrested. In such a situation, the defense would not be obligated to remind the state nearly the deadline and indeed should not. Instead, an effective defense counsel, on the 180th day or soon thereafter should directory a motion for discharge for violation of speedy trial.
No it is not the responsibility of the defense attorney to do the prosecutors job for them.~
Related Questions: