What a child defense attorney doesn't do. While the jobs of juvenile attorneys involve great responsibilities, there are also things they don't do. The opinion rules that the prosecutor must notify defense counsel, correctional officers, or other appropriate individuals to avoid unnecessary detention of a criminal defendant once the prosecutor has dismissed the charges against the defendant. In deciding the defense strategy, the lawyer must consider whether it is in the client's best interest not to present a defense and, instead, trust that the prosecution is not complying with its constitutional obligation to prove every element beyond a reasonable doubt. The opinion rules that prosecutors and defense attorneys can negotiate plea agreements that waive appellate and post-conviction rights, except for allegations of ineffective legal assistance or prosecution misconduct.
With respect to evidence and witnesses, the prosecutor has responsibilities different from those of a private practice lawyer; the prosecutor must promptly disclose to the defense the available evidence he knows and that tends to deny the defendant's guilt, mitigate the degree of the crime or reduce punishment. C) The lawyer must know the elements of any affirmative defense and know if, under the applicable law of the jurisdiction, the client bears the burden of persuasion or the burden of production. Gather documents and affidavits that support the defense's position and, where appropriate, prepare witnesses to testify at the sentencing hearing; when necessary, the lawyer must specifically request the opportunity to present tangible and testimonial evidence. Whenever possible, the attorney should use the initial interview to gather additional information relevant to the preparation of the defense.
D) present the argument of the client and the defense in a favorable manner, without prematurely disclosing information about the defense case to the prosecutor. A) The lawyer must prepare and submit to the court a defense sentencing memorandum when there is a strategic reason to do so. H) At the end of the defense's argument, the lawyer must renew the request for acquittal in relation to each of the charges charged. The participation that victims and prosecution or defense witnesses may have in the sentencing process.
If the lawyer conducts such interviews with potential witnesses, he should attempt to do so in the presence of a third person who will be available, if necessary, to testify as a defense witness at trial. C) If the defense's request to see the prosecutor's memorandum is denied, a request must be submitted to the court to examine the document or to file a motion for the court to exclude consideration of the report by the court and to prevent the memorandum from being distributed to prison and probation officers. The exception of paragraph (d) recognizes that a prosecutor can request an appropriate protective order from the court if the disclosure of information to the defense could result in substantial harm to a person or to the public interest. A) The primary obligation of criminal defense attorneys is to provide enthusiastic and quality representation to their clients at all stages of the criminal process. The opinion rules that a criminal lawyer accused of providing ineffective legal aid on the part of a former client may share the client's confidential information with prosecutors to help establish a defense to the lawsuit, provided that the lawyer reasonably believes that a response is necessary and the response is strictly tailored to the allegations.
