QUESTION

If a defense atty discovers incriminating (convicting) evidence about a client after he and the state rest, is he legally bound to advise the judge?

Asked on Apr 22nd, 2014 on Criminal Law - Illinois
More details to this question:
I knew of a high profile attorney who declined to take on a client because he was convinced of his guilt. In the piece of fiction I'm writing, the lawyer is convinced of the client's innocence...until just after she and the State have rested, and prior to closing arguments. Setting aside the moral issue of arguing for acquittal in a capital case when one is convinced of a client's culpability, is there a statue of any kind REQUIRING the disclosure of that damning evidence? The court system in the story is in the city of Chicago, if that has bearing on the answer. Thank you, thank you, for your time!
Report Abuse

1 ANSWER

Criminal Law Attorney serving Naperville, IL at Law Office of Ken Wang
Update Your Profile
Generally speaking, a defense attorney is not required to disclose inculpatory evidence.   However, an attorney is required to disclose information if it has been deceptive or misleading to the Court.  For example, if a witness lies to the Court, the attorney has to disclose the witness has lied.  See Illinois Rules of Professional Conduct 16 and Rule 3.3.    
Answered on Apr 28th, 2014 at 3:40 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters