But… What if You KNOW They’re Guilty? - Why Criminal Defense Attorneys Are Important!
Featuring Attorney Andy Marcantel
November 25, 2024
At the 2024 Inaugural AOR Conference, criminal defense attorney Andrew C. Marcantel delivered a presentation exploring a commonly misunderstood aspect of criminal defense work: defending a client who is known to be guilty.
1. The Role of the Defense Attorney
Attorney Marcantel explains that the adversarial model makes the American justice system unique. The prosecution must prove its case beyond a reasonable doubt against the accused, who is represented by a defense attorney.
Defense attorneys aren’t obstacles to justice; they are an essential component of it. Without someone questioning the state’s evidence, to cross-examine witnesses, and to ensure the government meets its burden of proof, the system collapses into unchecked power.
“We’ve decided in our country that the best way to get to the fact of a matter is for these two opposing sides to push against one another and a neutral arbiter make rulings about the law, and then a jury of our peers take a look at everything that was lined out and make a decision.”
2. The Defense Attorney Versus Government Power
Attorney Marcantel argued that the most important reason to defend the guilty lies not in personal morality but in systemic integrity. Criminal defense attorneys ensure that the government is held to its highest standards. This shifting of the burden away from the individual and onto the government is not an accident. It’s a deliberate safeguard embedded in our Constitution
“Think about how brave you would have to be… Legal theorists saying how important it is to skew a criminal case against the government… There are legal theorists saying the government must prove their case and they must prove it convincingly.”
Four Questions More Important Than Guilt
1. Should this be a crime?
Attorney Marcantel argued against the criminalization of “victimless crimes.” He cited offenses such as marijuana possession or regulatory violations like obscure firearms classifications, where the state itself is often the only alleged “victim.”
“Hell no. I’m proud to represent people who are being charged with crimes that shouldn’t be crimes in the first place.”
2. Did the government violate rights to make the case?
Constitutional violations are not hypothetical. They happen in the real world, with real consequences, and defense attorneys are the ones standing between citizens and state overreach. Through legal mechanisms like the fruit of the poisonous tree doctrine, defense attorneys suppress unlawfully obtained evidence, forcing law enforcement to protect constitutional boundaries.
“The day we say as a society that the government can kick down any door… search any car… arrest any person… as long as they find something… is the day we become a totalitarian police state.”
3. Does the punishment fit the crime?
Mandatory minimums, three-strikes laws, and sentence enhancements often lead to disproportionately harsh outcomes. Attorney Marcantel referenced cases where minor offenses resulted in decades-long sentences.
“If I think that the punishment for the crime that my client is facing is mis-calibrated, is wrong, is too harsh, I am proud… to push as hard as I can against the state.”
4. What’s the alternative?
Without defense attorneys, justice risks reverting to its old ways – summary executions, show trials, or mob rule. The defense bar stands as the final safeguard against tyranny.
Conclusion
Attorney Marcantel emphasizes that the role of criminal defense attorneys is not about shielding wrongdoing but about defending due process. They ensure that no one, not even the guilty, is exploited by the state.
Attorney Marcantel explains that our Founders understood this. That’s why so many of the rights they codified in the Constitution directly concern criminal procedure. These are not protection for criminals, they are protection for everyone. Without someone to hold the government accountable, the guilty won’t be the only ones at risk.
If you would like to know more about our law firm and how our self-defense protection program Attorneys On Retainer can help you, please call 866-404-5112 or email us.
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