WHY DEFEND THE GUILTY?

By Steven W. Rakow, Esquire

           As a criminal defense attorney, I’m often asked by friends and family, “How can you defend those guilty b___ards?” It’s an interesting question and not something that can be answered without exploring how we, as Americans, view the criminal justice system.

           To me, the justice system in America means equal treatment for all regardless of race, gender, or beliefs. Justice includes following the principles and ideals set forth in the Constitution through due process, the right to trial, freedom from unreasonable searches and seizures, and the presumption of innocence. Coupled with these rights is the right of every American citizen and noncitizen within our borders to representation by counsel in a criminal matter. This is where criminal defense attorneys like me step up and ensure the rights of the accused are not infringed upon by the government.

           The government – state and federal – has unlimited resources for prosecution. Unlimited funds become available to investigate crimes. Federal and state law enforcement agencies support one another and gather evidence for prosecutors to use against the accused. The government funds labs for forensic testing of evidence. The government also funds experts for testimony at trial. The government never has to worry about how it will pay for imposing its will on the accused. For one accused of a crime, fighting back against the government can be an overwhelming and daunting task.

           As a criminal defense attorney, I’m not really concerned about whether my clients have committed the charged offenses. My concern is what proof the government has and how the law – statutory and case law – stacks up against the case the government wants to make. Quite honestly, in most cases, the facts are not good for my clients. Often, my client has admitted to the offense and the evidence gathered by the government supports the confession. In most criminal cases, it comes down to the plea offer the government wants to make to avoid a trial. Plea deals are not bad, they happen in about 90% of all criminal cases, and the end result can often be the just result for the government, the victim, and the client. In those cases, it is still my duty to make sure the sentence imposed is legal.

           Yet, in many criminal cases there exist key issues pointing to innocence or to actions taken by the government that violate the client’s rights. Common violations of rights include illegal searches and seizures, coerced confessions, and false accusations against or misidentification of the client by witnesses. Sometimes law enforcement engages in conduct that entraps innocent people or oversteps its authority through overzealousness and inexperience.

In cases where a criminal defense attorney finds violations of rights, the government should be held to account by the courts. Sometimes, all it takes is for me to point out the errors made by the government to a well-seasoned prosecutor who will do the right and ethical thing by dismissing a case or seeking a plea deal to a minor offense or to a disposition involving community service. Many cases, however, require hearings where a judge will decide whether the client’s rights were violated and the appropriate sanction for the government, which can include suppression of evidence and even dismissal of charges in the more egregious cases of rights violations.

           I consider it my duty to ensure that my clients’ rights have been protected from the charging of the offense up through the trial and sentencing. While most people never come in contact with law enforcement beyond a minor traffic violation, those that do get charged with crimes deserve to have their rights protected – especially for those who are wrongfully accused.

So, why do I defend those accused of crimes? Because everyone – including you who are reading this – is presumed innocent until proven guilty. My job is not to “get the guilty off”, but to make sure that the government did its job without violating any rights. When I have done my job, those I have represented and who have been found guilty understand and accept the consequences of their actions, while those who have not been proven guilty beyond a reasonable doubt go free.

Steven W. Rakow, a former prosecutor and retired Marine officer, has been practicing law since 1996. His main areas of practice include criminal and DUI defense along with civil litigation in the areas of construction law, contracts, and protective/peace order hearings. He can be reached by calling or texting 410-600-3075, by email at [email protected], or through his website www.steverakowlaw.com.