What Does A Criminal Defense Attorney Do?
A criminal defense attorney is a legal professional who specializes in defending individuals or organizations accused of criminal conduct. Their primary role is to ensure their client’s rights are protected throughout the criminal justice process and to provide the strongest possible defense against the charges they face. Below is an overview of what criminal defense attorneys do, from pre-trial preparation to courtroom advocacy as explained by a wrongful death lawyer who often overlaps with criminal lawyers.
1. Understanding The Charges And Legal Options
One of the first steps a criminal defense attorney takes is to educate their client about the charges they are facing, the potential penalties, and the legal options available. Whether the charge involves misdemeanors like petty theft or felonies like assault, understanding the legal implications helps the client make informed decisions.
For example, an attorney may explain the difference between pleading guilty, not guilty, or seeking a plea bargain. This ensures clients know the stakes and the strategies available for their defense.
2. Investigating The Case
A defense attorney conducts a thorough investigation into the case. According to our friends at Garrett, Walker, Aycoth & Olson, Attorneys at Law, this includes:
- Reviewing police reports and evidence.
- Interviewing witnesses.
- Gathering additional evidence, such as surveillance footage or expert opinions.
The goal is to uncover weaknesses in the prosecution’s case or to build evidence that supports the defendant’s innocence. For instance, in a DUI case, a defense attorney may investigate whether proper procedures were followed during the arrest or whether breathalyzer results were accurate.
3. Negotiating With Prosecutors
Not all cases go to trial. Criminal defense attorneys often engage in negotiations with prosecutors to achieve a favorable outcome for their clients. This could include:
- Reduced charges.
- Lighter sentencing.
- Dismissal of the case.
For example, in a shoplifting case, a lawyer may negotiate a deal where the defendant completes community service instead of facing jail time. These plea bargains can save time, money, and stress for the client while minimizing the long-term consequences.
4. Representing Clients In Court
If a case proceeds to trial, the criminal defense attorney becomes their client’s advocate in the courtroom. Responsibilities include:
- Presenting opening statements.
- Cross-examining witnesses.
- Objecting to improper evidence.
- Delivering compelling closing arguments.
Their courtroom skills are critical in persuading the judge or jury of their client’s innocence or securing a favorable verdict.
5. Providing Emotional Support
Facing criminal charges can be overwhelming. A defense attorney provides not just legal guidance but also emotional support. They help clients navigate the stress of the legal process and offer reassurance during a difficult time.
6. Protecting Constitutional Rights
A key role of a criminal defense attorney is to ensure that the client’s constitutional rights are upheld. This includes protecting against unlawful searches and seizures, ensuring fair treatment, and preventing self-incrimination. If law enforcement violates these rights, the attorney may move to suppress evidence or dismiss charges.
A criminal defense attorney plays a multifaceted role, combining legal expertise, investigative skills, negotiation, and courtroom advocacy to provide clients with the best possible defense. Whether negotiating a plea deal or fighting for acquittal in court, their ultimate goal is to safeguard their client’s rights and secure the most favorable outcome. Contact a lawyer near you to determine if they are a good fit for your case.
