If you have been charged with a crime, a criminal defense lawyer plays a major role in shielding your rights and working towards more favorable results in your case. Therefore, it’s important to understand how a criminal defense attorney supports defendants and why you need their help.
Schedule Your Free Consultation
What does a Criminal Defense Attorney Do?
A criminal defense attorney is skilled in defending individuals and organizations charged with crimes. They represent clients arrested for crimes ranging from petty offenses to felonies.
Their main objective is to safeguard the constitutional rights of a defendant while preparing effective counter arguments against the case of the prosecutor.
Whether you have been arrested for a misdemeanor, such as having a fake I.D. or resisting arrest, or the crime is more serious, such as assault, murder, or forgery, hiring a criminal defense attorney will give you the legal representation you need to defend your case.
Major Roles Played By A Criminal Defense Lawyer
Protecting the Client’s Rights
As noted, one of the primary responsibilities of a criminal defense attorney is ensuring the client’s rights under the Constitution. They make sure these rights are safeguarded throughout all stages of the legal process. This includes:
- Making sure that client knows their constitutional rights, such as remaining silent and having an attorney present during questioning
- Protecting against unlawful searches or seizures
- Contesting any violations of due process
- Advocating for fair treatment within the criminal justice system
Investigating a Case
Defense attorneys completely investigate cases to determine a defense strategy.
The processes may include:
- Interviewing the witnesses
- Collecting and analyzing physical evidence
- Examining police reports and the prosecution’s evidence
- Finding problems or weaknesses in the prosecutor’s case
Developing a Legal Strategy
Defense lawyers create a detailed, comprehensive legal strategy based on the evidence and related facts pertaining to a case. This can involve:
- Pointing out possible defenses like an alibi, self-defense, or lack of intent
- Deciding whether to accept a plea bargain or go to trial
- Preparing pre-trial motions to suppress evidence or dismiss charges
- Creating a compelling narrative for a presentation before jury members
Representing a Client’s Rights During All Court Procedures
Criminal defense lawyers represent clients in different stages of court procedures, including bail hearings and arraignment. They support you and advocate for you legally during pre-trial conferences, motion hearings, plea negotiations, trials, and sentencing hearings and appeals.
Keeping Communications Open
Throughout each stage of the legal process, defense attorneys maintain open lines of communication with their clients as they:
- Explain charges and consequences
- Discuss options
- Provide honest assessments of potential results
- Offer emotional support during difficult times
When To Hire A Criminal Defense Attorney
Once you are accused of a crime or whenever you suspect that you are being investigated, you should contact a criminal defense lawyer. In many instances, the early involvement of an attorney can lead to better results.
Below are certain specific scenarios in which seeking the services of a criminal defense lawyer becomes inevitable:
Talk to an Attorney First
If you have been arrested, it is imperative to secure legal representation before speaking to law enforcement officers. An attorney may:
- Instruct what rights you have during questioning
- Ensure that law enforcement has done the right thing
- Work out your release or lower the bail amount
It is advisable to have a lawyer present during any police questioning, even if no formal charges have been filed against you yet. They will:
- Save you from self-indictment
- Make sure there is a proper investigation taking place
- Advise you on how and which questions to respond to
Getting Clarity and Direction
Having a professional legal representative can make all the difference in court. Criminal cases often involve complicated legal issues and severe potential consequences, including:
- Long-term prison sentences
- Big fines
- Lasting negative impacts on a person’s personal life or occupation
Criminal law can be intricate and confusing, so when you’re not sure about the legal accusations leveled towards you and your entitlements, seeking help from a criminal defense attorney can give you clarity and direction.
Negotiating with the Prosecutor
An attorney can evaluate whether or not a plea bargain is fair. They can tell you what can happen if you sign or refuse to take a deal.
Representing You at Trial
It’s extremely risky to represent yourself at trial; a criminal defense lawyer has the skills and prior experience to:
- Convince the jury to find in your favor - showing reasonable doubt
- Ask questions that will make a witness change their position
- Contest the evidence presented by the prosecution
- Raise all necessary objections and file the appropriate motions.
- Provide after-conviction support (Filing an appeal or finding post-conviction relief)
Even if you’re convicted of a crime then, the legal representation of an attorney may involve:
- Filing appeals
- Seeking sentence modifications
- Pursuing options for post-conviction relief
Public Defenders vs. Private Criminal Defense Attorneys: Reviewing Your Defense Options
While looking for legal help, you might have a choice between a public defender or hiring a private criminal defense attorney in your criminal case. Each option has its pros and cons.
For example, you cannot choose a specific public defender to represent you, as the office will assign someone to your case. This means you might not click with your attorney or feel on the same page. Having heavy caseloads can also limit a public defender’s ability to spend individual time on each client’s matter - leading to less favorable outcomes in some situations.
Private Criminal defense attorneys provide personalized attention and communication, and they have a wide range of resources they can use for the examination, investigation, and preparation of a case. You can choose an attorney who has experience in cases like yours and who you enjoy working with.
Why You Should Speak to a Defense Lawyer
A criminal defense lawyer is an invaluable representative if you’re charged with a crime. They can help you get through a stressful time with greater ease.
A criminal defense attorney can make extra time for you so you can get the legal representation you need and experience better results. Without their help, you are at a significant disadvantage. When you’re charged with a crime, you’re dealing with high stakes personally and professionally. Therefore, the services of a criminal lawyer are vital.
Contact a Criminal Defense Attorney Now
If you’ve been charged with a crime, now is the time to contact a criminal defense lawyer. Make sure you obtain the legal representation you need and deserve. Contact a criminal defense attorney now.