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Developing a Defense Strategy


For example, assume that Rhoda is charged with the crime of "receiving stolen goods." Before seeking to elicit Rhoda's version, Rhoda's lawyer ethically may tell her something along these lines:

"Rhoda, you're charged with receiving stolen property. What that means in plain English is that you personally are not charged with stealing anything; the claim is that you obtained property even though you knew for a fact that someone else had stolen it. Now, I'd like to find out from you as much as you can tell me about what happened. But first let me tell you that the police report and a brief talk I had with the D.A. indicate that they claim you are a middleperson in a ring that deals in stolen watches. A couple of guys named Bernie and Chuck supposedly steal watches from warehouses, drop some of the cartons off in your garage, and you later distribute them to jewelry stores around town. They've got the names of some of the stores you supposedly deal with. Unless you have any questions, why don't you tell me what you know about all this?"

Once Rhoda has this information, she will be in a good position to help her attorney by making sure she gives him whatever details she has that will shed a more favorable light on the facts being alleged by the prosecution.

 
How It's Possible to Be Guilty and Still Come Out Ahead

Another reason to tell attorneys the truth is that the truth may reveal the defendant to be guilty, but only of a less-serious offense. For example, a defendant's truthful story may reveal that a defendant charged with assault with a deadly weapon is at most guilty of simple assault, a much less-serious crime. If the defendant lies and insists on complete innocence, the defense attorney may be unable to arrive at a realistic plea bargain. And if the case goes to trial, the defense attorney may not be able to ask the jury to convict on the lesser offense rather than the greater offense, because the defendant did not disclose any facts suggesting such a result.

Copyright 2005 Nolo


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