Criminal defence lawyers do not get this question every day but when they do, the answer is often no.
If a client admits to the charge and the underlying facts to the defence lawyer then the legal advice runs along the lines of a plea-in-mitigation and how to prepare for that.
Lawyers must not mislead the court
The reason is that a lawyer must not mislead the court. However, there are occasions when the accused admits to the charge but then instructs the lawyer to defend the matter. In those situations the defence lawyer is unable to lead any evidence consistent with the accused’s innocence.
This means that while the defence can put the State to proof they cannot cross examine the complainant and other prosecution witnesses in ways to suggest that the witnesses are not telling the truth. This also means that the accused cannot take the stand and lead evidence of innocence.
Mounting a defence
The practice of criminal-lawyer-perth is not to represent those potential clients who admit to the charge but still want a defence mounted.
