When someone faces criminal charges, a defense attorney becomes one of the most important people in their life. At Blair Defense these lawyers play a pivotal role in safeguarding rights, navigating the justice system, and providing legal strategy. However, there are clear limits to what criminal defense attorneys can do — boundaries shaped by law, ethics, and professional responsibility.

Understanding those limits helps defendants and their families set realistic expectations and appreciate the vital role attorneys play in our justice system.

Break the Law

Defense attorneys are bound by the law just like everyone else. 

They cannot:

  • Commit perjury. Attorneys can’t knowingly present false testimony or evidence. They must not put forward statements they know to be lies.
  • Fabricate evidence. Attorneys cannot create false exhibits, documents, or information to mislead a court.
  • Counsel clients to lie. Lawyers cannot advise or encourage a client to provide false testimony or obstruct justice.

These restrictions serve a dual purpose: they protect the integrity of the legal process and keep the attorney within the bounds of their ethical duties. Violating them can lead to criminal charges or disciplinary action, including suspension or disbarment.

Guarantee a Specific Verdict or Outcome

Defense attorneys zealously advocate for the best possible result, but they cannot promise a particular outcome — such as a “not guilty” verdict or a specific sentence. The nature of criminal law is unpredictable. Cases depend on evidence, judge and jury interpretations, prosecutorial strategies, and even unforeseen legal issues. Attorneys can strategize, mitigate consequences, and challenge evidence, but they can’t control how a judge or jury decides a case.

Any attorney who guarantees a result is making an unethical claim and should be treated with suspicion. Ethical rules prohibit guaranteeing outcomes because doing so misleads clients about the uncertainties inherent in trial. 

Make Decisions for Their Clients

Defense lawyers advise, but they do not decide important strategic choices. 

Clients retain the right to make critical decisions, including:

  • Whether to accept a plea deal or go to trial.
  • Whether to testify in their own defense.
  • How to plead.

Attorneys recommend, explain consequences, and analyze risks, but they cannot override a client’s autonomous judgment on these matters. This balance respects the defendant’s fundamental rights while leveraging the attorney’s legal experience.

Help Clients Commit Future Crimes

Criminal defense attorneys are dedicated to protecting their clients’ rights and ensuring fair treatment under the law. However, that role has firm ethical and legal limits. One of the clearest boundaries is this: a defense attorney cannot assist a client in committing future crimes. This prohibition is fundamental to the justice system and to the legal profession itself.

Helping someone plan, carry out, or conceal future illegal activity can expose a lawyer to serious criminal charges. While attorneys are allowed to explain the legal consequences of certain actions, they cannot help clients figure out how to break the law successfully.

Criminal defense attorneys exist to defend individuals against charges for alleged past conduct, not to assist in future illegal behavior. Helping a client commit future crimes would undermine the integrity of the legal system and violate the very purpose of legal defense.

Contact the San Diego Criminal Defense Attorneys at Blair Defense Criminal Lawyers for Help Today

Criminal defense attorneys play a vital role in the justice system, advocating for defendants’ rights and ensuring fairness in legal proceedings. However, their powers are not limitless. They cannot break the law, guarantee outcomes, or make decisions on behalf of their clients without consent. These boundaries exist to preserve the integrity of the legal process and protect both client interests and public trust.

For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation. Give us a call at (619) 357-4977, or visit our convenient location:

Blair Defense Criminal Lawyers San Diego
225 Broadway Suite 1740
San Diego, CA 92101

(619) 357-4977
24/7

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