Chances are you’ve probably heard the term ‘criminal defense attorney’ but just because you’ve heard about them doesn’t mean you understand it. There are countless different types of attorneys, so it can be difficult to know and understand the roles of each type.
We’re going to help you understand exactly what one is and help you to understand when you might require the services of a reputable company such as Takajian & Sitkoff:
So, What Is A Defense Attorney?
A defense attorney is a type of attorney who defends people who have been criminally charged in a court of law. Anyone who is charged with a crime will either have an appointed attorney or choose one to hire themselves. Some will take on any type of case, whereas others specialize in a specific area.
Their Responsibilities
Defense lawyers have various different responsibilities to which they must attend. They will happen in and out of court. They include:
- Discuss the case with their client: The first responsibility of a defense lawyer is to become familiar with each individual case. It will usually happen in person and in an interview style. They will ask questions about the case as it helps them to gather important information about how it’s best to defend the client. It’s important that the client answers the questions as honestly as possible at this point, an inaccurate or misleading case can mean they will struggle to create a good defense case.
- Investigate the case: They then need to research the case, they will perform an extensive investigation which will involve speaking to police officers, experts, and witnesses. They will also get the chance to review the case from the prosecution as they are legally required to submit it before court commences.
- Examine the evidence: The defense will look at all the evidence involved in the case. They will decide and use relevant evidence in order to defend their clients.
- Select the jury: They will then select the jury. Defense attorneys have a big role in this process. They will interview prospective jurors, they want to understand if there is the chance of any biases against the defendant. This is vital to the outcome of the case.
- Plea bargaining process: In some but not all cases the prosecutors will grant defendants a more lenient sentence in exchange for their cooperation or admission. This is known as plea bargaining, a good defense attorney will be able to work on a good deal which will often lead to smaller fines, fewer prison times and reduced sentences.
- Representative in court: They will act as their client’s representation in court.
- Handle sentencing – If their client is found guilty the defense lawyer will act as their representative for the sentencing hearing. The defense lawyer will speak with the judge and try to limit the severity of the sentence.
When Do You Need One?
Simply, whenever you’re charged with a crime or questioned by the police. Whether it’s misdemeanors or felonies it can result in harsh punishments. They can incur large fines and lengthy prison sentences, this means that you should avoid them at all costs.
This is only a guide to help you understand how a defense lawyer could help you, do you have anything else that you could share that could help in the comments section below?