Defending Guilty Clients: A Criminal Defense Lawyer’s Perspective

February 3, 2025by Jeffrey D. Cohen0

The phrase “criminal defense lawyer” often conjures images of dramatic courtroom scenes where attorneys passionately argue their client’s innocence. But what happens when a client isn’t innocent? For many, this raises complex ethical and philosophical questions. My role as a criminal defense lawyer in Queens, NY, isn’t to pass judgment or justify anyone’s actions. Instead, it’s to ensure that every individual receives a fair trial and the representation they are constitutionally entitled to.

In this blog, I’ll delve into the nuances of defending guilty clients, explore why this work is crucial to our legal system, and share insights from my own practice.

Why Do Guilty Clients Need Defense?

One of the most misunderstood aspects of criminal defense law is the idea that only the innocent deserve representation. This belief undermines a cornerstone of our justice system: every defendant is presumed innocent until proven guilty. Even when a client admits guilt, their case isn’t as straightforward as it may seem.

The justice system is a complex machine that relies on checks and balances. Without defense attorneys holding prosecutors, law enforcement, and judges accountable, the system risks becoming a one-sided power structure, prone to abuse and error.

Key Reasons Guilty Clients Deserve Defense

  1. Ensuring a Fair Process: A fair trial safeguards everyone’s rights, guilty or not.
  2. Proportionate Punishment: Effective representation ensures penalties align with the crime’s severity and context.
  3. Challenging Unlawful Evidence: Even if a client admits wrongdoing, evidence obtained unlawfully must be challenged to preserve the system’s integrity.

Ethics and Morality in Defending the Guilty

Some wonder how a defense attorney can reconcile representing someone they know to be guilty. For me, this isn’t a question of morality—it’s one of ethics. The American Bar Association (ABA) outlines ethical guidelines that prioritize fairness, confidentiality, and the right to a vigorous defense.

What I Can and Cannot Do

  • Confidentiality Is Paramount: Whether a client admits guilt or denies wrongdoing, I cannot disclose their admissions without consent.
  • Truth and Advocacy: I cannot knowingly present false evidence or claim a client’s innocence if they’ve admitted guilt. Instead, I focus on challenging the prosecution’s evidence and ensuring a fair trial.
  • Highlighting Mitigating Circumstances: Even guilty clients have a story worth telling. Factors such as mental health issues, economic hardship, or coercion often play a significant role in criminal behavior.

My work isn’t about absolving guilt—it’s about ensuring the justice system operates fairly, impartially, and without shortcuts.

Strategies for Defending Guilty Clients

When a client admits guilt, the focus shifts from proving innocence to mitigating outcomes. Here’s how I approach such cases:

1. Understanding the Client’s Story

Every defendant has a story. Whether their actions stemmed from desperation, a lapse in judgment, or other circumstances, understanding the “why” behind the crime is critical.

For example, I once represented a young man in Queens charged with burglary. He admitted his guilt but explained he was trying to support his family after losing his job. By presenting this context to the court, we secured a sentence prioritizing rehabilitation over incarceration.

To learn more about how we approach sensitive cases, visit my criminal defense page.

2. Challenging the Prosecution’s Evidence

Even when guilt seems clear, the prosecution must prove its case beyond a reasonable doubt. Was evidence obtained legally? Were my client’s rights upheld during their arrest? These questions matter because a fair trial depends on proper procedure.

In one case, a client admitted to drug possession, but the evidence was collected during an illegal search. By challenging the search’s legality, I successfully had the evidence dismissed, leading to a reduced charge.

For more on protecting clients’ rights, visit my page on defense strategies.

3. Negotiating Plea Deals

Plea bargaining is a cornerstone of the criminal justice system. For clients who admit guilt, a well-negotiated plea deal can lead to reduced charges, shorter sentences, or alternative penalties like probation or community service.

I’ve negotiated countless plea agreements that balanced accountability with fairness, often benefiting both the client and the justice system by avoiding lengthy trials and ensuring timely resolutions.

4. Advocating for Alternative Sentences

Not all guilty clients belong behind bars. Rehabilitation programs, community service, or counseling are often more effective than incarceration. Highlighting a client’s willingness to address underlying issues—such as addiction or mental health challenges—can influence judges toward leniency.

The Bigger Picture: Why Defending the Guilty Benefits Society

Defending guilty clients isn’t just about individual cases. It’s about protecting the integrity of the legal system as a whole. Without robust defense attorneys, the system risks becoming biased and unjust.

Checks and Balances

Skilled defense attorneys ensure prosecutors and law enforcement are held to high standards. This accountability reduces the risk of wrongful convictions and protects civil liberties.

Upholding Justice

Justice isn’t just about punishing the guilty—it’s about ensuring that punishment is fair and proportionate. By defending guilty clients, lawyers help maintain balance and prevent the system from becoming overly punitive.

Addressing Common Misconceptions

Defense attorneys often face criticism for “getting criminals off the hook.” However, this perception oversimplifies our work. Here’s the reality:

  • Myth: Defense attorneys condone criminal behavior.
    Reality: Representing a client doesn’t mean endorsing their actions. It means ensuring their rights are respected.
  • Myth: Guilty clients don’t deserve representation.
    Reality: Everyone has the right to a defense, regardless of guilt.
  • Myth: Defense lawyers manipulate the system.
    Reality: Defense attorneys ensure the system operates fairly and transparently.

For more insights into the role of criminal defense attorneys, check out the National Association of Criminal Defense Lawyers (external link).

A Personal Perspective

As a defense lawyer, I’ve seen the full spectrum of human behavior—from mistakes born of desperation to calculated decisions with severe consequences. Through it all, I remain committed to providing the best possible defense for every client.

Some of the most rewarding moments in my career have come from representing guilty clients who’ve turned their lives around. Whether it’s overcoming addiction, finding stable employment, or reconnecting with family, these stories remind me why I do what I do.

Conclusion: Defending Guilty Clients Is Essential to Justice

Defending guilty clients is one of the most challenging and misunderstood aspects of criminal law. It’s not about excusing bad behavior—it’s about ensuring fairness, accountability, and the rule of law so that one person’s rights are not overshadowed by another’s, nor is one person’s punishment disproportionate to their crime or that of another.

If you or someone you love is facing criminal charges, don’t navigate the justice system alone. Contact my office to discuss your case and explore your options. Together, we can work toward the best possible outcome.

Visit my homepage to learn more about how I can help.

 

 

by Jeffrey D. Cohen

Considered by many as one of the best criminal defense lawyers in Queens as a drug charges lawyer, guns and weapons possession lawyer. Jeff Cohen also works as a Suffolk County lawyer.

Leave a Reply

20-MIN FREE CONSULTATION BY APPOINTMENT

Individuals pictured in client testimonials section are non-client portrayals. Photos are not of actual clients.

This is an Attorney Advertisement
Please read our disclaimer for more details about this site.

Copyright © Law Offices of Jeffrey D. Cohen 2023

Copyright 2025
Law Offices of Jeffrey D. Cohen

According to one of the industry’s leading Legal Directories based on both Peer and Client reviews, Jeffrey D. Cohen is considered one the best Criminal Defense Lawyers in Kew Gardens.   The lawyers at the Law Offices of Jeffrey D. Cohen are amongst the best Criminal Defense Lawyers Queens, New York.  After meeting with Mr. Cohen and his team, we’d like to see if you too consider him as one of the best Criminal Defense Lawyer in Suffolk County, Nassau County and Queens County which include neighborhoods of Jamaica, Middle Village, Forest Hills, Woodside, Ozone Park, Glen Oaks, Elmhurst, Ridgewood, Jackson Heights, Bayside Queens Village, Bellerose, Fresh Meadows, Glendale, Richmond Hill, Howard Beach, Ridgewood, Long Island City, as well as other neighborhoods in the counties of Brooklyn, Bronx, Manhattan, and Staten Island.

Skip to content