Another common question for San Diego criminal defense attorneys is, “How can you defend someone if you know they’re guilty?” Well, when a person is charged, or under investigation, they are #NOTGUILTY. Under the law, you are not guilty of any crime unless or until 1. You decide to plead guilty, or 2. You are found guilty after a trial. The next thought would be, “Ok, well that’s a play on words, Jamahl… What if you know they did it?” If I have reason to believe our client did what he’s alleged to have done, the question is whether the government, who has the burden of proof in a criminal case, can prove our client is guilty beyond a reasonable doubt. An accused has no duty to come out and say, “I did it!!” If the government has burden of proof issues, there may be an opportunity to settle for a lesser charge, or even a dismissal. However, if after review, research, and investigation, we believe the prosecutor would be able to prove guilt beyond a reasonable doubt, then we’re looking at mitigation, ultimately doing our best to get the most favorable outcome for our client, given the circumstances.
