What Does a Criminal Defense Attorney Do?
Getting a Criminal Defense Attorney
Defendants can access a criminal defense attorney by finding one and approaching them privately or use a court-appointed attorney. This is the best option for individuals that don’t have the money to pay expensive attorney costs. However, many find that a court-appointed attorney doesn’t represent them as well as a private one will.
Some criminal defense attorneys work pro bono, which means they only take payment after the case is settled. It’s important to consider your options, and remember that public defenders have high caseloads and are paid low salaries. If clients are able to obtain a private lawyer, they’ll have a higher chance of winning their case.
The Process
The criminal defense attorney will arrange a meeting with the defendant to get some information about the case. It helps them to determine where the strengths and weaknesses in the case are, and they’ll be able to advice on the best way forward. Some individuals take a plea bargain, which means less jail time if they plead guilty. This is the best way to avoid court.
If a defendant wants to go to trial, the attorney will try to put together a strong defense based on many factors. Examining the crime and evidence is vital to putting together a strong case and questioning the defendant's guilt.
Investigation
A qualified attorney will conduct a thorough investigation into the case, and find any holes that might acquit the defendant. This includes questioning witnesses and police officers about the incident and examining the evidence. Both prosecution and defense attorneys use expert witnesses to back up their arguments, and either side can speak to the witnesses before the trial. This is to get an idea about the case, but no attorney is allowed to interfere with witness testimony.
A criminal defense attorney aims to get a “not guilty†verdict, which can be difficult with certain clients. Attorneys must provide a comprehensive service, and some lawyers find defending suspected criminals draining.
Technical Aspects
Every trial has a jury, and they are selected by the court and attorneys. Sometimes jury members might be biased, and it’s up to attorneys to have them removed from the journey. For example, if a homosexual defendant is on trial, a fundamentalist Christian might naturally be biased against them and won’t give a fair verdict.
The trial is the most critical part of a criminal defense attorney’s job, and it’s how the highest paid attorneys make money. Lawyers have to think quickly and be excellent problem solvers. They’ll often ask witnesses difficult questions on the stand and dissect their answers. This process can cause anger amongst witnesses, and attorneys must have thick skin if they want to be successful at trial.
Sentencing and Support
If the defendant is found guilty, then the criminal defense attorney will sometimes be present during sentencing to try and get the minimum sentence for their client. They can highlight factors that will encourage the judge to be more lenient and advocate on the defendant's behalf.
Sometimes individuals want to appeal their conviction, and it’s often best to use the same lawyer because they know most about the case. Being a criminal defense attorney can be a rewarding job, and there are many cases in which guilty convictions are overturned. It’s not all about representing guilty people and proving someone’s innocence is just as much part of the role.
