Attorney Defense Attorney's 5 — Questions and Answers
Question 1: When can a defense attorney withdraw from representation over the client's objection during trial?
- Anytime the attorney believes the case is unwinnable
- Only with court permission and for compelling ethical or good-cause reasons (Correct answer)
- Only if the client refuses to pay fees
- Anytime the attorney has a scheduling conflict
Correct answer: Only with court permission and for compelling ethical or good-cause reasons
Mid-trial withdrawal requires court permission and must be justified by ethical necessity or good cause, not mere inconvenience.
Question 2: What constitutional protection does the Double Jeopardy Clause provide to a criminal defendant after an acquittal?
- The defendant cannot be retried for the same offense by any sovereign
- The defendant cannot be retried for the same offense by the same sovereign (Correct answer)
- The defendant cannot be sentenced more than once for the same conduct
- The defendant is protected from civil liability arising from the same facts
Correct answer: The defendant cannot be retried for the same offense by the same sovereign
The Double Jeopardy Clause bars retrial by the same sovereign after acquittal, but the dual sovereignty doctrine permits separate prosecutions by state and federal governments.
Question 3: A defense attorney in a DUI case wants to challenge the admissibility of a breathalyzer result. Which constitutional provision is most directly implicated?
- The Sixth Amendment right to confrontation
- The Fourth Amendment prohibition on unreasonable searches (Correct answer)
- The Eighth Amendment ban on cruel punishment
- The First Amendment right to remain silent
Correct answer: The Fourth Amendment prohibition on unreasonable searches
Breathalyzer tests constitute a search, and their admissibility may be challenged if administered without proper legal authority or consent.
Question 4: What is the primary purpose of a 'Franks hearing' in criminal defense?
- To challenge the sufficiency of evidence at preliminary hearing
- To challenge the truthfulness of statements made in a search warrant affidavit (Correct answer)
- To suppress a defendant's confession obtained without Miranda warnings
- To argue prosecutorial misconduct before the grand jury
Correct answer: To challenge the truthfulness of statements made in a search warrant affidavit
A Franks hearing allows the defense to challenge deliberately false or recklessly made statements in a warrant affidavit.
Question 5: Which of the following best describes the 'mere presence' doctrine in criminal defense?
- Being at the scene of a crime alone is insufficient to establish guilt as a principal or accomplice (Correct answer)
- A defendant found at the scene is presumed to have participated in the crime
- Being present during planning meetings establishes conspiracy liability
- A defendant must have physically been present to be charged as an accomplice
Correct answer: Being at the scene of a crime alone is insufficient to establish guilt as a principal or accomplice
Mere presence at the scene of a crime, without more, does not establish criminal liability as a principal or aider and abettor.
Question 6: What is the legal standard for determining whether a defendant is competent to stand trial?
- The defendant must have no mental illness of any kind
- The defendant must understand the nature of the proceedings and be able to assist in his own defense (Correct answer)
- The defendant must be able to testify coherently on his own behalf
- The defendant must have the same cognitive ability as an average adult
Correct answer: The defendant must understand the nature of the proceedings and be able to assist in his own defense
Dusky v. United States established that competency requires both a rational and factual understanding of the proceedings and the ability to consult with counsel.
Question 7: When a defense attorney receives potentially privileged documents accidentally disclosed by the prosecution, what is the proper ethical response?
- Review the documents thoroughly before deciding what to do
- Immediately notify the sending party and follow their instructions, which may include returning or destroying the documents (Correct answer)
- Use the documents to gain strategic advantage since the error was the prosecution's fault
- File a motion to admit the documents as evidence of prosecutorial misconduct
Correct answer: Immediately notify the sending party and follow their instructions, which may include returning or destroying the documents
Model Rule 4.4 requires attorneys to promptly notify opposing counsel upon receiving inadvertently disclosed documents and abide by their instructions.
Attorney Defense Attorney's 5
When can a defense attorney withdraw from representation over the client's objection during trial?