What I do as a criminal defense lawyer – Do not lie to your counsel
Discovery that we do not have in Korea – Investigation level
Before I became a lawyer, I had this idea that all criminals are evil.
That must have been came from my ignorance with laziness in processing what really happens in this complex society we’re living in or mass media, how they picure them.
Every stories get to be unfolded with different versions depending on who the speaker is.
It’s not the case of course. Unlike the ordinary, I’m surrounded by criminals. As a lawyer, my job is defending them and be the only one who believes in them inside of the court room.
However, belief takes consideration of facts around the case, time, and much effort. Some says A is B, and other says A is C, where A can not possibly be B and C at the same time.
In that case, What would you depend on to have a concrete idea of what really happened to A?
Unlike US, at the investigation level, the criminal procedure of Korea is pro- investigation agency(I have to say), since we do not have Discovery process here in Korea. It’s all about defense without knowing what they have.
Let’s not discuss its pros and cons, not having Discovery at the investigation level, in this article,
Having said that, I would like to stress out the most important issue from my previous experience, which is “DO NOT LIE TO YOUR LAWYER”.
I once had to deal with one client who committed the same crime while he/she was having the trial for the previous charge. At the court room, I was eager to stress out that this type of behavior was abnormal considering his/her character,
and he/she had the strong potential to learn from his/her mistake to Judge. And all my effort was in vain. After he/she committed the same crime while he/she was having the trail of the very same charge, no one ever tried(even bother to try) to believe in what I had to say on behalf of my client.
Presenting all facts with background, evidences is the utmost important when you hire a lawyer for your cases. No matter it hurts you or help you, knowing them definitely lead the case to better result for sure.
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