Thanks to the ubiquitous portrayal of defense lawyers in the media, everyone has a rough idea of who they are. And you may not be too far off either. A criminal defense lawyer is a lawyer that represents a defendant’s legal interests during the course of a criminal case. But the details of the critical functions they perform may not be as widely known.
In this article, we will cover what roles a criminal defense lawyer plays during a typical case along with some tips regarding what you should look for when searching for one. The things we are going to discuss apply to both public defenders—who are assigned by the court—and private defense lawyers.
Investigation into the Charges Against the Defendant
Typically, a criminal case begins with a complaint from a plaintiff which is used by a prosecutor to formally charge the defendant in court. The very first thing a criminal defense lawyer does is look at the complaint and the different ways in which the defendant is being charged.
The lawyer usually starts the process through consultation with the criminal defendant to obtain extensive information about the details of the case. The lawyer then makes a discovery request and proceeds to thoroughly examine the existing information present in the charging documents and prosecution case as well as collect new information by interviewing new potential witnesses or other individuals involved in the case.
The goal is to find any loophole or flaw in how the prosecution is proceeding so as to prepare a strong defense or even find evidence that can be used to refute or dismiss the case. The lawyer may also review the laws pertaining to the case to help them build a stronger case against the charges.
Analyzing the Evidence
When a defendant is charged with a crime, the prosecutor is obligated to provide him or her with a copy of all the evidence gathered so that the defendant can have a chance to properly defend him or herself. The evidence includes police reports, witness statements, surveillance, etc.
A criminal defense attorney will help the accused by reviewing the evidence alongside the charges to see if the adversary can prove the case. This stage heavily involves the criminal defendant as well since in most cases they have been present at the scene when the crime took place.
Checking to See if Rights Have Been Violated
Sometimes evidence can be suppressed or excluded from a trial if it is gathered in violation of the defendant’s constitutional rights. For example, if the police have conducted a warrantless and nonconsensual search of the defendant’s home and have found and seized illicit drugs, the evidence has been collected in violation of the defendant’s 4th amendment right to privacy. As a result, it can be suppressed and cannot be used against the defendant in court. To learn more, continue reading here.
So, one of the things that a criminal defense attorney has on his or her checklist is investigating the evidence to see if there has been a violation. And if any is found, the attorney then proceeds to file a motion to suppress the evidence which based on the circumstances can lead to case dismissal.
Handling Criminal Plea Negotiations
Depending on the strengths and weaknesses of the case, sometimes prosecutors may offer deals regarding prosecution. It is part of a defense lawyer’s job to negotiate favorable deals before the trial and inform the accused of each option’s pros and cons.
Although the defendant is under no obligation to agree to a plea bargain instead of taking the case to trial, doing so often works out to a lighter sentence for the defendant. For example, the prosecutor may offer second-chance probation or a deferred prosecution that allows the charges to be dropped under certain conditions.
Participating in Trial
If attempts at case dismissal or plea bargains fail due to any reason, or the defendant refuses to accept any deal, the defense attorney will fight for the defendant in the trial. To prepare for the trial, the attorney will review the facts of the case, prepares all witnesses, and goes over the evidence. During the trial, the defense attorney selects jurors to listen to the facts of the case and presents to the jury the defendant’s side of the story using witnesses and evidence.
But the most important thing the criminal defense attorney does in the trial is cross-examination of the prosecutor’s witnesses. For an effective cross-examination, the defense attorney needs to know what the testimonies would be and what the weaknesses of those testimonies are.
Another role that a criminal defense attorney can play is during the sentencing phase where he or she may represent the defendant if the criminal defendant is sentenced for the crime, whether as a result of accepting a plea deal or being convicted by a judge or jury. It is possible that he or she can persuade the court to lessen the sentence.