Inside the Mind of a Criminal Defense Lawyer: Representing the Guilty and Upholding Justice

Inside the Mind of a Criminal Defense Lawyer: Representing the Guilty and Upholding Justice

When most people think about criminal defense attorneys, a common question arises: Do these lawyers represent guilty people? And if so, how do they sleep at night? Michael Waddington, a seasoned criminal defense attorney, sheds light on this complex and often misunderstood role in the justice system. His insightful discussion challenges common misconceptions and highlights the vital constitutional responsibilities defense lawyers carry — regardless of their clients’ guilt or innocence.

Understanding the Role of Defense Lawyers Beyond Guilt

At the core of Waddington’s message is a simple yet profound truth: criminal defense attorneys do not focus on whether a client is guilty or innocent; their job is to ensure the client receives fair treatment under the law. This distinction is critical. Defense lawyers engage from the moment a person faces legal trouble, not as judges of character, but as protectors of constitutional rights.

Waddington compares the lawyer’s role to that of a surgeon operating on a patient. The surgeon does not question the patient’s past or moral character mid-operation — the focus is on saving the patient’s life. Similarly, once a lawyer takes on a case, their ethical obligation is to provide zealous representation without personal judgment.

The Constitutional Backbone: Sixth Amendment and Presumption of Innocence

The U.S. Constitution, particularly the Sixth Amendment, guarantees every accused individual the right to legal counsel and an effective defense. This constitutional protection mandates that defense lawyers provide knowledgeable, strategic, and effective advocacy for their clients.

Moreover, the principle of presumption of innocence demands that the prosecution bears the burden of proof. Defense attorneys ensure that this burden is rigorously upheld and that their clients are not wrongfully convicted based on assumptions or bias.

Why Defend the Guilty? The Bigger Picture

One might wonder why lawyers would choose to defend clients they know or suspect are guilty. Waddington explains that defense attorneys serve a fundamental purpose in the justice system: to prevent the government from abusing its power and to ensure that charges are proven beyond a reasonable doubt.

In many cases, people are charged with crimes they did not commit, or they face overzealous prosecution with inflated charges. Defense lawyers scrutinize the evidence, challenge improper procedures, and protect clients from excessive or unfair punishment. This process is crucial to maintaining the integrity of the legal system.

Client Advocacy and Ethical Boundaries

Waddington emphasizes that while lawyers are ethically prohibited from fabricating evidence or lying, they must zealously advocate for their clients’ rights. They advise clients on legal options, including whether to accept plea deals or proceed to trial, but ultimately the client makes the final decisions.

This advocacy involves thorough investigation, consultation with experts, cross-examination of witnesses, and presenting mitigating evidence where appropriate. Defense attorneys navigate these complexities to ensure the client’s side of the story is heard and fairly considered.

Real-World Examples: The Nuances of Guilt

Waddington shares compelling examples that underscore the nuance involved in criminal defense. Consider a driver who accidentally hits a pedestrian while glancing at their phone. Is this a crime? Was the driver negligent? These questions often require deep legal analysis rather than snap moral judgments.

Similarly, a law-abiding citizen might face charges based on misunderstandings or aggressive investigations. Defense attorneys step in to dismantle unfounded accusations, protecting innocent individuals from wrongful convictions — a role that benefits society as a whole.

How Defense Lawyers Sleep at Night

For many, the question remains: how can defense lawyers sleep knowing they represent guilty clients? Waddington’s answer is rooted in their commitment to justice, fairness, and constitutional rights. They do not condone criminal behavior, but they recognize that everyone deserves a fair trial and protection from government overreach.

By fulfilling this role, defense attorneys uphold the rule of law and ensure that the legal system does not become an instrument of injustice. This principled stance allows lawyers to reconcile their professional duties with their personal ethics.

Conclusion: The Pillars of Justice Rely on Defense Attorneys

Michael Waddington’s insights illuminate a critical, yet often misunderstood, aspect of the American justice system. Criminal defense lawyers are not defenders of crime but defenders of rights. Their work safeguards the constitutional guarantees that protect us all — from innocent citizens to the accused who might be guilty.

When you hear the question, “Do defense lawyers represent guilty people?” remember that their true role is ensuring every individual receives a fair process, vigorous defense, and protection against potential abuses. It is this commitment that maintains public trust in the justice system and allows society to function under the rule of law.

For more information about criminal defense and court-martial representation, visit Gonzalez & Waddington, Attorneys at Law.

Full Transcription

My name is Mike Wannington and I'm a criminal defense attorney. In this video, I want to answer a question that pretty much anyone who does criminal defense has asked all the time. How do you represent guilty people? Or sometimes I get asked, do you represent guilty people? If you ask that question, which a lot of people do, then you probably should go back and take a civics lesson, you know, at the third grade level and study a little bit about the constitution, why we have certain rights in the constitution before you are asking lawyers whether or not they represent guilty people. Of course, I represent guilty people. Of course, I represent people that may be falsely accused. I also represent people that are 100% guilty. How do I do that? Why do I do that? Well, the bottom line is I don't really care if they're guilty or if they're innocent. That is not my position when we take on a case. It goes something like this. We get a phone call into our law firm and someone explains to us a legal problem that they're having. I don't know whether they committed the crime, didn't commit the crime. I don't know if the government is targeting them and they're completely innocent. I don't know if the government's going to actually charge them with what they committed because a lot of times people get charged with crimes that they didn't commit or the government swings for the fences and they try to get and accuse someone of a charge that they really can't prove with the hopes of getting a plea deal. For example, you can be 100% law-abiding citizen, no criminal background, nothing on your record. Let's say you're driving home from work and you look down at your phone to see who's calling you and you accidentally hit someone with your car. You weren't being negligent or were you by looking down for that one second? After all, why would the person run out in front of your car? But either way, we have a dead body. So let's just take it a step further. We now have a person who is a respectable member of the community that was the one that was hit by the car. Maybe they're riding their bike. Maybe they're running into the traffic. Like a lot of people like to run on the street and around here in Florida, a lot of people get hit by cars, unfortunately. But the bottom line is the person that's driving the car may or may not have committed a crime. So let's take that example and that's you or your mother or father or son or daughter. And you get a phone call saying, hey, listen, I was in an accident. There's someone who died. We need a lawyer. So when you call us, we're not going to start grilling you, the mother, the father, the person who's being accused as to whether you're guilty or not guilty. That's not what we're doing. Our job is to make sure that you have effective counsel, to make sure that your rights are protected, that someone advises you and stands up for your rights under the constitution and to make sure that you don't get railroaded into jail for something maybe you didn't do or to make sure that you didn't get an excessive punishment because maybe the prosecutor is overzealous. Maybe the investigator investigated you aggressively and had you charged with things maybe you didn't do. Maybe they got witnesses to lie. Who knows? That's why you need a lawyer and that's why we get involved in cases. So as we go along in the case, we start getting discovery. That's usually months and months down the road. You're already our client. We've already been advising you and representing you in many situations for months and months and sometimes years before we actually get the evidence. When we get the evidence for the first time, we look through the evidence. Now that being said, a lot of times the evidence is one-sided because depending on who's investigating, they might have done a very biased one-sided investigation. So we might only get some of the evidence, some of