Legal Question in Criminal Law in California
shoplifting
if a client charged for shoplifting comes in to office and during interview discloses that the are going back next day to steal again can attorney still represent?
3 Answers from Attorneys
Re: shoplifting
The rules of ethics may make it a bit difficult to avoid subordinating perjury. However, an attorney can still represent and should advise against future crime
Re: shoplifting
Yes, but he cannot help the client plan or carry out future crimes.
As Ms. Nabizadeh has noted, the lawyer cannot later allow the client to testify (in court, at deposition or in written discovery) falsely about his actions. This rule always applies, and it covers any false testimony -- not just to false testimony about crimes the client discloses in advance.
Re: shoplifting
The attorney should continue to represent the client, subject of course to the rule about suborning perjury if the defendant testifies, and should point out: 1) that the client faces additional charges and punishment if caught again, as well as the likelihood of her bail being revoked; 2) that she should seek help; and 3) that she isn't even very good at shoplifting since she got caught.