When facing criminal charges, the law accords you the right to defend yourself through a trial. But this is easier said than done. The criminal justice system is complex and can be quite difficult to navigate. It is fundamental that you consult a criminal defense attorney to help with the process. In this comprehensive blog, you will learn about criminal defense attorneys, how they can help with your case, and the choice between a public defender and a private law firm. Have a read below.
Who is a Criminal Defense Attorney?
In simple terms, a criminal defense attorney protects the rights of defendants while helping them build solid defenses to reduce the charges they are facing or have them exonerated for criminal charges. And while hiring these professionals is paramount, the ultimate choice is personal.
“Some people choose to present themselves for minor offenses like noise complaints, which is okay. However, for more serious transgressions where your freedom is on the line, the importance of top-notch legal representation cannot be overstated,” says criminal attorney Douglas I. Leifert from Leifert & Leifert.
How a Criminal Defense Attorney Can Help With Your Case
Here is how a lawyer can assist with your defense:
Investigation and Evidence Collection
Evidence is the backbone of the criminal justice system. Your attorney will spend their time combing through the available proof to build a defense. They will also track down witnesses, interview them, and prepare them to take the stand. Finally, depending on the circumstances surrounding your case, your lawyer will also hire expert witnesses to solidify the defense strategy.
Advising the Defendant
A good attorney has handled many criminal cases. As such, they are acquainted with the legal system and the potential paths cases take to resolution. Drawing from this experience, they will advise you on the best legal strategy, especially when negotiating a plea deal with the prosecuting attorney. They can help you understand the implications of accepting or rejecting a plea offer, explain potential sentencing outcomes, and guide you through the decision-making process with your best interests in mind. An experienced attorney will also prepare you for court appearances and ensure you know what to expect at every stage.
Present a Defense
If you don’t want a plea agreement or it is not possible, your case will likely go to trial. Here, it is upon your defense lawyer to convincingly present your side of the story to the judge and the jury. They must be persuasive when advocating for a not guilty verdict with a strong mastery of the laws and precedents applying to your prosecution. This includes challenging the prosecution’s evidence, cross-examining witnesses, and introducing expert testimony when appropriate. A skilled attorney will also craft compelling opening and closing arguments to support your defense.
Appeal Court Decisions When Necessary
In some cases, your attorney may advise appealing the court’s decision. This process can be complex, underpinning the importance of strong proficiency in the appeal process. Appeals often require a detailed review of trial records and the identification of legal errors that may have affected the outcome. A qualified lawyer will draft a persuasive appellate brief and may present oral arguments before a higher court. Their ability to navigate this phase could significantly influence the final resolution of your case. If successful, an appeal could lead to a new trial or even a dismissal of charges.
Conclusion: Public Defenders or Private Attorneys?
Now that you know what value criminal defense attorneys bring to the table, comes the next part: making the choice between public defenders and private law firms.
Miranda rights accord you the right to an attorney even when you cannot afford one. This lawyer is the public defender. If you believe you qualify, the cops will look for a public defender on your behalf and provide you with the appropriate financial questionnaire to determine if you qualify for their continued use.
Alternatively, you may opt to hire a private criminal defense attorney. It is imperative that you interview several lawyers and firms before narrowing it down. Most initial consultations are free, so use them as a chance to gauge the best fit for your case.
