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Published On: Wed, Jun 19th, 2019

What Criminal Defense Lawyers do?

If you are stuck in, the case and facing criminal charges, then you can fight for your defense through defense law. It provides protection of the rights of the criminal. It also gives the right to the prisoner or the person facing criminal charges. However, the person cannot represent him/herself in the court and need an attorney to show up the perspective in the court.

lady justice with scales

photo/ Sang Hyun Cho

Criminal Defense Law

The defense law provides legal protections to the person accused of committing a crime.  The widely embarrassed resources are possessed at the clearance by government prosecutors as well as law enforcement agencies.

The law provides a balance of power within the judiciary system crime without protecting the charges and benefits the government and the system. The law benefits the criminal as fair treatment provided and more depends on the skill of attorney of the criminal defendant.

How can a lawyer help?

The benefits are directly dependent on the skills of the defense lawyer. The strategies to fight for the client provide an essential platform to the “accused of a crime” to present his/her perspective in the court. Moreover, a criminal cannot present him/herself in the court that is why defense lawyer is a must.

The cases are heard in Virginia also have similar conditions. The lawyers are trained to analyze the case and the evidence to plan the strategies and to know the errors, weaknesses, and the potential of the crime. The lawyer such as fairfax criminal defense lawyer that is the county lawyers of Virginia to fight for defense make the strategies to argue for the benefits of the client and try to get case dismissal, reduction of charges orders or prevent the case from filing.

Steps a defense lawyer performs:

Case Assignment: A defendant can contact the lawyer directly, or the court would assign a defense attorney. A criminal defense lawyer can be public defender; the public defender’s office pays them. The cases appointed to the public defenders’ are assigned by the federal or local court.

Private firms also hire defense lawyers, and some own their legal offices independently. Private defense lawyers have higher pay than the public ones but more cases because of the referral process. The payment collected by the public lawyers comes from individual despite defendants. The court can also approach private lawyers.

Case introduction and investigation

The defense lawyer collects relative information about the case by asking specific questions to the defendant. The lawyer gathers the important points to identify strength, errors, and weaknesses of the case.

The lawyer starts an investigation about the case to find out any leniency for the defendant. Investigating include asking the police about the procedure, looking for the pieces of evidence, interviewing witnesses about the testimony that can be present in the case. Lawyers inspect every point of the case to make a strong defense strategy to exonerate the defendant from the charges.

The defense lawyer also reviews the prosecution’s case to find errors and investigate or find evidence that can weaken or refute the prosecutor’s case.  

Evidence analysis

The defense lawyer study facts and theories related to the case carefully and deeply. He/she also have the right to test the evidence independently. The lawyer can also examine evidence to find any legal theory that can work against the conviction of the client.

Contact with client

The lawyer needs to maintain continuous contact with the client. The lawyer must update and guide the client about the case. The conversation between the must remain confidential. The lawyer led the case from the defendant perspective and made the strategy for the hearing.

Jury Selection

The defense lawyer is a part of the process of jury selection. They have the right to put their perspective on the table if they found any jurors biased and against the defendants. They can also speak if they do not feel good about a juror potentially.

Plea Bargaining:

The lawyer is the representative of the defendant in the court and has all the responsibility to talk about the perspective and negotiate with the prosecutor about the specific plea-bargaining.  The lawyer also has the right to accept any good deal in the favor of defendant, which can reduce the punishment or the charges.

Representation in the trial:

The lawyer fights against the prosecution on behalf of the client. The lawyer examines and cross-examines the witnesses and tries to persuade the jury to free the client from the charges by and the prosecution failed to prove the defendant guilty.

Condemning

If the defendant is punished for the crime because he/she had accepted the crime at plea bargaining or the judge or jury convicted the defendant, the lawyer is allowed to represent the defendant in the sentencing phase.  The lawyer can discuss the case with the judge and jury to decrease the punishment period or if any alternative of the sentence could be charged.

What else defense attorneys do?

The attorney helps the client to understand the opponents’ perspective on the case and their possible strategies. The lawyer also evaluates the lawsuit perspective of the case and the good and bad of the theories related to the case for the client.

The lawyers try to stop the case from filing by meeting the district attorney after the arrest and before the accusations formally filed. The skilled lawyer can convince the prosecutor by presenting evidence and witnesses’ statements that can support the defendant and provide a whole picture to the prosecutors, which might not be presented by the police or what the victim has stated.

Prosecutor can take the decision of how the case could be the file, as a felony or a misdemeanor, or a district attorney can be convinced not to file the criminal charges.

The lawyer studies the whole case and learns about both perspectives as much as possible to make a defense strategy before the trial if the case is filed formally. The strategy includes the terms to dismiss the case or to negotiate for the minimum charges. The negotiation is done with the prosecutor or the district attorney and tries to convince for the maximum benefit of the defendant. The lawyer advises the client about the best pros and cons of the clients’ options.

The lawyer also supports the client emotionally and strengthens to cope with the embarrassment, depression, and stress that can be caused because of a criminal trial. The attorneys stand by the client side until the end day and direct you throughout the case. They do not only fight for the client but also introduce the client to the worst case so you must be prepared.

The attorneys take care of every legal document, educate you about the rules and laws, and skillfully navigate too. The lawyers support clients at the backend and represent in the court in a skillful manner.

They know how to bargain and also to whom to approach at the correct time. They go to the correct district attorney directly to assure to save the time of the client as sometimes delaying increases the problems or reduce the chances of elucidations.

The main objective of criminal justice lawyers is to get the best possible outcome and to navigate the defendant from nuances by their experience and skills. They understand the strategy of the prosecutor to save the defendant from any inconvenience in the case and try to get the result in clients’ favor.

The lawyer also searches for the evidences that can support the defendant’s case and identify expert witnesses to prove the innocence of the accused person. They also interview the witnesses of the prosecution to know their credibility, and it also helps them to make a potential strategy.

They investigate the case from scratch or deeply as much possible. They also can hire an expert investigator to find the client’s favorable clues and holes in the case. They try to convince either that the defendant has a strong case or the case of the prosecutor is weak enough to fight for.

The last thing or option for a lawyer is to negotiate about the sentence. The attorneys try to get the easiest form of the sentence for the client if they are defeated in the case. They propose more attractive options than serving time in the prison to the prosecutors and the judge or jury.

The alternative options may include rehabilitation processes, house arrest, alcohol or drug programs, community services, or any therapy. They convince the prosecutor and the judge that rehabilitation can work better than the prison on the betterment of the defendant.

They also explain the circumstances after a guilty plea to the client to plan about it. The consequences may include the loss of job or difficulty in finding a new one, getting a license or purchasing insurance with a conviction on the record. Sometimes it is hard to buy a property with some criminal conviction record, and you can also face criminal immigration consequences.

Conclusion

The lawyers are the best support for the defendant of a criminal charges accused person. It is good to take help from the experienced and professional. The lawyers can be assigned through the court, or you can find the details on the internet too. It is good to tell your lawyer about the whole story of your side to get the best possible.

Author: Michael Wright

About the Author

- Outside contributors to the Dispatch are always welcome to offer their unique voices, contradictory opinions or presentation of information not included on the site.

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