Learn About The Duties Of A Criminal Defense Lawyer

Being charged with a serious crime such as extortion or assault can quickly cause problems in a person's personal and professional life. But criminal defense lawyers can help individuals navigate the legal system while protecting their rights to fair treatment under the law. Attorneys can also make sure the accused do not make any innocent mistakes because they are unfamiliar with the legal system.

After being arrested, suspects appear before a judge for arraignment. By hiring their attorneys now, they can get legal counsel before entering their plea of guilty or not guilty. Their attorneys can also argue to have the judge release their clients or allow them to post a small amount of money for their bail.

A magistrate holds a preliminary hearing to decide if there is enough evidence to hold a trial. This is sometimes referred to as a mini-trial, because both sides can present evidence and witnesses. The judge then decides if, based on the evidence, a reasonable group of jurors would find the defendant guilty. If so, the magistrate sets a date for the trial. Under some circumstances, the accused may have their legal counsel try to work out a plea bargain to avoid the risk of getting a harsher sentence if the jury hands down a guilty verdict.

Both sides then argue the details of what will be allowed in pretrial motion hearings. The prosecution and defense argue before a judge about the kind of evidence that will be allowed or omitted at trial, which witnesses can testify and other issues that may affect the outcome.

Besides developing their own case strategy, defense lawyers also prepare for the witnesses and evidence presented by prosecutors. In the first phase, they give their opening statements. They must also be familiar with the prosecution's presentation, so they can quickly object to anything they feel is improper. When it is their turn, they challenge the state's evidence with witnesses of their own. Once they rest their case, the judge turns the case over to jurors so they can reach a verdict.

The jurors could spend a few hours or even days before deciding on whether the accused is guilty or not. The guilty defendants could then face anything from probation to hard time in prison or in some states or countries could even be put on death row to be executed. But, the sentencing phase may not be the end of the case. If their lawyers believe legal mistakes were made by the court, they can immediately start preparing an appeal.

Defense attorneys start their appeals by writing a document called a brief and turning it into a higher court. The brief outlines their reasons why the conviction should be thrown out or the sentence reduced. They can only challenge the record of the proceedings and cannot introduce new evidence. Prosecutors also file their own brief to defend the conviction and sentence.

Being charged with a crime and facing the possibility of going to prison, can create turmoil in the life of anyone accused of a serious crime. Having a competent criminal defense lawyer can help them use the law to project them from wrongful prosecution. The attorney can also help the innocent put the nightmare behind them and move on with their lives.