A criminal defense lawyer protects the legal rights of people accused of crimes and helps them navigate every stage of a criminal case. An attorney with a focus on criminal law can also develop a personalized defense strategy based on the circumstances of the case.
If you are being investigated for an alleged crime or have been charged with a criminal offense, you need to speak with a lawyer as soon as possible. An attorney can immediately get to work protecting your legal rights while building a well-strategized defense against your charge.
What Does a Criminal Defense Lawyer Do?
A criminal defense attorney plays an invaluable role in every phase of a criminal case, from an initial investigation through trial and, when applicable, sentencing and appeals. Whether someone is facing a misdemeanor charge or has been accused of committing one or more felonies, an attorney can step in from the very beginning to serve as an unwavering advocate throughout the entirety of the legal process.
A criminal defense lawyer may investigate the case, review evidence, interview witnesses, explain the legal process, negotiate with prosecutors, file motions, and present the defense in court. Before charges are filed, a criminal defense lawyer may advise a person who is under investigation about their legal rights, including their right to remain silent. An attorney can also communicate with law enforcement when appropriate and conduct an independent investigation by gathering evidence and interviewing witnesses.
An attorney can potentially identify deficiencies in the prosecution’s case that may undermine their ability to meet their burden of proof for a conviction. An experienced criminal defense lawyer can sometimes prevent charges from being filed by showing that the police investigation or prosecution’s case does not meet the applicable laws.
For example, if the arrest was conducted unlawfully or the evidence used to facilitate the arrest was illegally obtained, this could derail the prosecution’s case. For some clients, it may be possible for their defense attorney to seek a full dismissal of all charges.
In other cases, a defense attorney may negotiate a plea agreement with the prosecution, which could involve reduced charges, different penalties, or alternative sentencing options such as diversion programs. These responsibilities can vary depending on the stage of the criminal case.
What Does a Criminal Defense Attorney Do at an Arraignment?
A criminal defense lawyer can represent a defendant at an arraignment or other initial court appearance. Depending on the circumstances, the attorney may advise the defendant about the charges, enter a plea, and argue for appropriate release conditions or bail.
Reviewing Evidence and Filing Motions in a Criminal Case
During a criminal case, a defense lawyer reviews discovery provided by the prosecution, which may include police reports, witness statements, video, photographs, laboratory results, and other evidence. If evidence was obtained unlawfully or there are other legal issues with the prosecution’s case, an attorney may file motions asking the court to exclude evidence or take other appropriate action.
When to Hire a Criminal Defense Lawyer
If you are suspected or accused of any crime, you should secure the services of a lawyer as soon as possible. You do not have to speak with law enforcement or answer any questions without an attorney.
Even if you think you are simply answering questions, law enforcement is not on your side, and you could end up accidentally saying something that is used against you later. If charges have not been filed yet, but you are under investigation or have been arrested for an alleged offense, you should still talk with a seasoned legal professional immediately.
You need an attorney who is responsive, tactical, and has experience handling cases involving the type of charge you are facing. For example, if you have been accused of assault, you should look for a lawyer who has experience successfully defending clients against these charges.
Your attorney should be intimately familiar with the criminal justice system and have experience with the local courts. A top criminal defense lawyer will be able to demonstrate a proven history of handling various aspects of a case—such as negotiating a deal or preparing for trial, along with extensive courtroom experience.
What Does a Criminal Defense Attorney Do at Trial?
A skilled criminal defense attorney can handle all phases of a criminal trial, including jury selection, opening and closing arguments, cross-examination of witnesses, presentation of defense evidence, pre- and post-trial motions, and sentencing. The defense attorney can challenge the prosecution’s evidence and arguments and present a defense designed to raise reasonable doubt about the charges.
What Does a Criminal Defense Lawyer Do After a Conviction?
A criminal defense lawyer may continue representing a client after a conviction by advocating for an appropriate sentence, pursuing an appeal when appropriate, or helping determine whether the client qualifies for available post-conviction relief. An attorney may also help clients understand whether they are eligible to have a criminal record expunged or otherwise cleared.
Private Criminal Defense Lawyer vs. Public Defender
Both private criminal defense lawyers and public defenders represent people accused of crimes. A public defender is generally appointed for defendants who qualify based on their financial circumstances, while a private criminal defense lawyer is hired directly by the client or their family. Both types of attorneys can provide legal representation in criminal cases, although the availability of representation, eligibility requirements, and specific circumstances can vary by jurisdiction and case.
How a Criminal Defense Attorney Can Help Protect Your Legal Rights
A criminal defense lawyer aims to achieve the best result for each client’s case but cannot guarantee an outcome. However, the defense strategy looks different for every case.
From carrying out legal research to constructing effective legal arguments to defending your rights in and out of the courtroom, our criminal defense attorneys at Price Benowitz will leave no stone unturned in their fight against the prosecutor who is trying to prove your guilt beyond a reasonable doubt.
Our experienced defense attorneys can also help with other matters related to a criminal case, such as eligibility for pre-trial intervention (PTI) diversion or expungement of criminal records that could hinder other areas of your personal and professional life. Call our firm to secure legal representation today.
