Attorney Defense Attorney's 2

Question 1

Under the Sixth Amendment, at what stage of criminal proceedings does the right to counsel first attach?

Accepted Answer

At the first formal charging document or indictment

Answer

The right to counsel attaches at the initiation of formal judicial proceedings, such as an indictment or information.

Question 2

A defense attorney learns during trial that her client plans to commit perjury on the stand. What is the proper course of action?

Accepted Answer

Attempt to dissuade the client, and if unsuccessful, consider withdrawal or a narrative approach

Answer

Model Rules require the attorney to try to dissuade the client, and if unable, take reasonable remedial measures short of direct disclosure.

Question 3

Which doctrine allows a defense attorney to suppress evidence obtained through an illegal search even if that evidence later led to other evidence?

Accepted Answer

Fruit of the poisonous tree doctrine

Answer

The fruit of the poisonous tree doctrine excludes evidence derived from an unconstitutional search or seizure.

Question 4

In federal criminal practice, what is the primary purpose of a Rule 11 plea colloquy?

Accepted Answer

To ensure the defendant's guilty plea is knowing, voluntary, and factually supported

Answer

Rule 11 requires the court to confirm that the defendant understands the consequences of the plea and is entering it voluntarily.

Question 5

Which of the following best describes the 'reasonable doubt' standard a defense attorney relies on at trial?

Accepted Answer

Doubt based on reason and common sense that leaves the jury firmly convinced of guilt

Answer

Beyond a reasonable doubt means the jury must be firmly convinced of the defendant's guilt, not merely that doubt is possible.

Attorney Practice Test