What Does a Criminal Defense Lawyer Do?

What Does a Criminal Defense Lawyer Do?
December 14, 2023 No Comments Main Richard Bates

Defense lawyers play a vital role in the criminal justice system. From defending people who are facing criminal charges to preventing the state from abusing its power, they are entrusted with a wide range of responsibilities to make sure the system functions as intended.

What Are The Primary Duties of a Criminal Defense Lawyer?

Protecting Your Rights

Right at the outset, your defense attorney will inform you of your rights as a defendant. They will also make sure that your rights are not denied or violated by the prosecution at any point for any reason.

Investigating The Case

Your criminal defense lawyer will ask you several questions about the allegations you are facing, the events that led to your arrest, how you were arrested, and other details that can help them understand your version of the events.

Apart from this, your lawyer might also decide to seek the help of third-parties like private investigators to investigate your case and work with various experts to gather the evidence they need to defend you against the charges you are facing.

Filing Motions to Get Your Charges Dropped or Dismissed

While investigating your case, if your criminal defense lawyer manages to unearth new evidence that undercuts the case against you, they might persuade the prosecutor to drop the charges against you, since they do not have sufficient evidence to formally charge you and to get a conviction. If the prosecution is adamant about filing charges, your lawyer will file a motion with the court to get your charges dismissed.

Similarly, if your lawyer finds out that the prosecution violated your Fourth Amendment rights (unlawful searches and seizures) or if they made any procedural errors while they arrested you or at any point during the pretrial stage, they will file a motion with the court to get the charges against you dismissed.

Negotiating a Plea Deal

Not all cases, as you know, go to trial. Depending on the charges you are facing, your lawyer will negotiate with the prosecution and try to get a favorable plea deal. If a plea deal is not possible, your case will proceed to trial.

Defending You at The Trial

Your criminal defense lawyer will talk to the witnesses and determine who should be called to testify and how they should be examined. They will develop a proper defense strategy – the arguments to be made, the issues to be raised, and the evidence to be presented at the trial.

Appealing The Decision

If you and your defense lawyer are not satisfied with the outcome of your case, they might decide to file an appeal after discussing all the pros and cons with you.

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