You NEVER ask if they did it. Defense attorney is supposed to give the best defense that they can. But if you know they are lying ("Well, yeah, I did it, but I want you to say I was in Schenectedy at the time") then, you've got a problem. Because you can't KNOWINGLY foster a fraud upon the court. So you ask, "What is your defense?". But you don't want to know if their defense is a lie, because then you can't put it forward.
What is your defense?
I was in Schenectedy when the crime was committed.
Did anybody see you there?
Why yes- yes they did. My cousin was there, and she'll testify to it. Also her boyfriend- we went out for a few beers.
OK- what's your cousin's name, and how can I get in touch with her? And the boyfriend, too? Where did you go for the beers?
And so on, and so forth. That's how you build your case- never questioning whether the whole thing is just a scam. If you intimate to the court that its a scam, and that your client is actually guilty, you can get disbarred.
Defense work is not for the faint of heart- nor for the strong of character. A year of it was enough for me.
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