Criminal defense attorneys play a crucial role in ensuring that an accused person’s rights are vigorously protected. A criminal defense attorney’s role may vary from case to case. However, there are some important steps that criminal defense attorneys take in every case. Keep reading to learn more about the role of a criminal defense attorney.
What Does a Criminal Defense Attorney Do?
Criminal defense attorneys represent individuals accused of committing criminal offenses. Criminal defense attorneys may be appointed by the court or privately retained, and are charged with ensuring that the state or government proves its case beyond a reasonable doubt.
What Does a Criminal Defense Attorney’s Work Include?
Case Assessment: Before agreeing to represent a person accused of a crime, criminal defense attorneys may meet with the individual seeking their services to confirm the person’s charges and ensure they are equipped to handle the case.
Legal Advice: Once a criminal defense attorney agrees to represent the accused individual, the criminal defense attorney will meet with the accused person again to explain the charges in detail, gather preliminary facts from the accused person’s perspective, and discuss best next steps.
Investigation: The criminal defense attorney will conduct their own investigation(s). An investigation may involve interviewing witnesses, meeting with expert witnesses, visiting the crime scene, reviewing police reports and video footage, and gathering relevant records. Thorough investigation is crucial, and can lead to dismissed charges.
Pretrial Motions: After reviewing all available evidence, the criminal defense attorney will pay close attention to any violations of the accused person’s rights. For example, when reviewing video footage, the attorney may discover that the accused person’s constitutional protection from unlawful searches and seizures was violated. In response, the attorney may file a motion to suppress any evidence resulting from the unlawful search and seizure, or the attorney may move to dismiss the charges. Click here to learn more about pretrial motions.
Plea Negotiations: Some cases do not go to trial and, in some instances, it is in the accused person’s best interest to accept a plea deal. A criminal defense attorney can negotiate with the prosecutor and agree to a plea deal. Plea deals can result in reduced charges or sentences, or prevent the accused person from having to serve any time in jail or prison. An experienced criminal defense attorney will know when it is in the client’s best interest to accept the plea deal or proceed to trial.
Court Appearances: Criminal defense attorneys appear in court often to speak with the judge, argue motions, negotiate with the prosecutor, and ensure the case moves in a timely manner. In some instances, the case will go to trial. At trial, the crimnial defense attorney will make opening and closing statements, cross and direct examine witnesses, and challenge the admissibility of evidence presented by the prosecutor.
Post-Conviction Advocacy: After trial, or following a plea deal, the criminal defense attorney may represent the convicted person at their sentencing hearing, on appeal, or assist in expunging or sealing records.
Have Questions? Give Me a Call.
Criminal defense attorneys play a crucial role in ensuring that the criminal legal system does not bulldoze an accused person. They uphold the constitutional rights and dignity of the accused person, ensure that the state or government meets its burden of proof, identify misconduct, challenge unreliable evidence, and advocate for the best possible outcome. Importantly, criminal defense attorneys ensure that the accused person is humanized in a system that so often dehumanizes them.
Having an experienced criminal defense attorney may be the difference between dismissed charges and prison time. If you, or your loved one, are accused of a criminal offense and need representation from an attorney with decades of experience, give me a call today.
