Do criminal defence lawyers lie so you do not get sent to jail? This is a question that has been troubling people for years. While a criminal defence lawyer may be ethical, the question of whether or not they lie to their clients can be difficult to answer. The line between unethical and ethical behavior is fine, but lawyers who practice criminal law are required to tread it daily. In a typical case, a criminal defence lawyer may have to lie to avoid sending a client to jail.
If a client is innocent, presenting a defense lawyer’s argument is very difficult. The American Bar Association has strict rules about false testimony and evidence. But this does not mean that a lawyer cannot be zealous. An attorney may be able to focus on other legal issues, such as Fourth Amendment concerns or scientific testing standards, to show their client’s innocence. However, if the client is guilty, the lawyer cannot lie to help the client get off.
While prosecutors may be hesitant to bring Section 1001 claims because they can’t prove that the person lied to an FBI agent, they must prove that the person knew they were making a false statement. This is the only way a defence lawyer can get the person off the hook without the threat of jail. A felony conviction can result in years in prison, which is a bad outcome.