Defending the Guilty: Why Criminal Defense in Essential to Justice

In many high-profile criminal cases, people have a tendency to wonder how exactly can an attorney be willing to represent a person who is accused of particularly reprehensible acts. The most basic answer to this age-old question is that every single person who is accused of any criminal offense is still afforded certain rights, including the right to defend themselves against the criminal charges.

The Fifth Amendment to the United States Constitution provides that no person can be “deprived of life, liberty, or property, without due process of law,” and the Fourteenth Amendment establishes that all people are entitled to equal protection of the law. The Sixth Amendment also guarantees a person the right to a speedy trial and a fair jury.

More importantly, every single alleged offender in a criminal case is also entitled to a presumption of innocence when they enter a courtroom. The prosecutor handling a criminal case is the party who bears the burden of proving a defendant’s guilt beyond a reasonable doubt, the highest legal standard.

When a person is accused of a high-profile crime that results in excess local publicity, they may have the right to have a trial moved to another location that will allow for a jury that has not been susceptible to possible bias because of excess press coverage. Criminal defense attorneys in essence act as guardians protecting the state from imprisoning people who have not been satisfactorily proven guilty.

When you discuss a criminal case, it becomes very important to differentiate factual guilt from legal guilt. The former truly relates to whether an alleged offender actually committed a crime, but the latter refers to a prosecutor’s ability to prove that the alleged offender committed a crime.

When an alleged offender is actually guilty of the offense they are charged with, they should always tell their lawyer that they committed the crime. The attorney cannot disclose the guilt in court without the permission of the alleged offender.

Even when a person is truly guilty of the crime they are charged with, the lawyer’s job will be to poke holes in the prosecutor’s case. Simply put, the attorney acts to create reasonable doubt in the minds of jurors that makes it more difficult to vote for a conviction.

If you or your loved one have been arrested or believe you are under investigation for an alleged criminal offense in the greater Jacksonville area, you will want to be sure that you have your own criminal defense lawyer. Make sure you contact Johnson & Lufrano, P.A. as soon as possible.

Our firm aggressively defends both residents of and visitors to Florida during all three stages of the criminal process, from pre-trial to trial to appeal. We regularly represent alleged offenders in Duval County, Clay County, Nassau County, St. Johns County, Putnam County, Baker County, Bradford County, and Alachua County.

Johnson & Lufrano, P.A. boasts Florida Bar Board Certified attorneys in criminal appellate and criminal trial who have been evaluated for professionalism and tested for expertise. We have taken more than 100 cases to verdict and have also handled over 50 criminal appeals.