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Yes. If the lawyer think he/she cannot properly defend the defendent for any reason, they can request to be taken off the case and another will be assigned.
If this belief will affect their ability to provide the accused with adequate representation, yes. There are however, way more defence strategies than most people realize other than ” I didn’t do it.”
A good criminal defense attorney does not have to believe his client is innocent to proceed with advocating for him and do a good job if the case goes to trial. If innocence were the criterion, he would have very few clients — and they would each have to pay a huge amount because they would be the sole support of that attorney.
A criminal defense attorney who believes he has a lot of “innocent clients” is a gullible fool — and a lot of his clients will suffer. Fortunately, there are not too many defense attorneys who fall into this category. It’s mostly new lawyers who have not yet developed the necessary critical skills for the work. These are the same lawyers who are horrified when it turns out that their clients lied to them. (Experienced lawyers are not bothered much by lies, except when the lies make it impossible to do a good job.)
The question for most defense lawyers is whether they can poke enough holes in a case for a jury to have a reasonable doubt as to the person’s guilt. The biggest hole in a prosecutor’s case (from the defense side) would be that the defendant is not the guy or there was a big mistake (i.e., he is absolutely innocent of the charges), if it can be shown sufficiently to a jury. Such cases are rather rare.
In most cases, a defendant is guilty, to some extent or other. That’s why most cases are plea bargained, so that the defendant is relieved from having to face the maximum penalty on that case.
The cases that go to trial fall into four categories.
First, of course, is when the defendant is completely innocent and refuses to consider any deal.
Second is when there is no deal — the prosecutor wants a plea to the highest charge and the maximum penalty. In such cases, there is no reason not to go to trial, since there is nothing to lose.
Third is when the defendant wants a trial for some relatively irrational reason, such as: His codefendant was not caught, so why should he take the full impact? Or that some other guy in jail with him (with a completely different sort of case) went to trial and won, so he’s going to do that.
Fourth, and by far the most common, is when the defendant and counsel agree that the prosecutor’s case has serious problems and going to trial may be worth the risk. The risk is entirely on the defendant, of course. Any deals are off the table and he risks getting convicted of all charged crimes and getting the maximum sentence.
Most conscientious attorneys do not want to see their clients sentenced to the max, and, since many criminal defendants are not good at making life choices, it falls to the attorney to try to persuade clients to take a good deal. Especially when the case does not seem to have any major holes. They are, nearly always, the bearers of news their clients do not like to hear.
Judges recognize that many defendants hope that things will change if they get another attorney. Judges also know that the situation will not change in nearly all cases. The offer will stay the offer. The max will stay the max. The case will be what it is. A criminal defendant who wants an attorney who believes him to be innocent is, to the judge’s mind, asking that the judge assigns him a gullible fool. He won’t do that.