In this episode Attorney Chuck Franklin explains what should be expected of a defense attorney and what your defense attorney should be focused on while trying to prove your innocence.
This video segment is going to be about what I do as a Criminal Defense Lawyer and how I play an intimate role in making sure the state actually does their job pursuant to the US Constitution and its related Amendments.
Many people have an assumption that a criminal a defense attorney’s job is to get a guilty party “off”. However, this is not the case and those that believe that are sadly confused. My job is to make sure the government (the Prosecutor and law enforcement, experts, etc.) play fair and justice is served. Obviously, I like to win and will do what is ethically and legally allowable but do not expect your lawyer to perpetrate a fraud on the court (i.e. produce testimony that is known to be false, create evidence that does not exist, etc.)
The Government has the responsibility (under the U.S. Constitution) to prove you guilty beyond a reasonable doubt. This is in place so that you do not get wrongly charged/accused and convicted for a crime you did not commit. The checks and balances within the criminal justice system are set up so a single person or entity cannot be the sole decider of your fate. For example, one person cannot be the accuser, judge/jury, and executioner. Again, it is the state’s obligation and duty to prove you guilty beyond a reasonable doubt and you are presumed innocent until they do that with enough quality evidence.
I am “defending” you in a court in a manner to make ensure the state has produced enough evidence to actually convict you of the crime(s) you are being charged with. An accused does not have to put on a defense, such as the Bill Cosby case recently in the news. Cosby called one witness and that witness testified for 6 minutes. Cosby chose not to testify himself, which was his right. As of today the jury appears hung! Perfect example of how the burden of proof is on the State and how the defense lawyers here did their job perfectly without putting on a case.
Also, this is not about “beating the system”, however some people believe otherwise. Those that believe otherwise have no understanding of one of the reasons, how and why this country was formed, nor what our Constitution represents. History tends to repeat itself, when we forget how we got to where we are. I still believe we have the best Criminal Justice system in the world. Let’s keep it that way. Stand up for your rights!
If you or anyone you know needs legal assistance of any kind do not hesitate to contact Attorney Chuck Franklin here: (480) 545-0700