But He’s Guilty, Right?


Mark J. Bamberger, Esq., Owner/Attorney and Counselor at Law
The Mark Bamberger Co., LLC

One of the most challenging, yet most satisfying areas of my practice is criminal law. I have been asked more than once, and even by family members, how can I defend a suspected murderer, rapist, drug offender, or intoxicated vehicle operator when I know (or at least strongly suspect) s/he is guilty. Admittedly there are times when it is difficult, but two tenants of our common law legal system are:

  1. the presumption of innocence; and
  2. the right to competent legal counsel. Everyone, even the most loathsome among us, deserves a competent, compassionate criminal defense and a just and non-discriminatory sentence.

In many cases, though the dispositive evidence against them is overwhelming, our clients come to us simply to explain and then guide them through the legal system. Many clients openly admit their offense/s, but just want “a fair shake”. My experience has been that the vast majority of our clients are truly contrite about their transgression. They know they have done wrong and my job is to get them a reasonable sentence or reduced charge so that they can become a meaningful contributor to society again.

The bottom line is this – crime should be punished. But in most cases, there is another end than one’s life being ruined by a mistake or bad choice. We are here to make sure that our clients get the best possible outcome from a difficult situation and, where possible, move forward into a brighter future.

MJB, 1/17

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