what does a criminal defense attorney investigate for a case

Criminal defense attorneys also examine witnesses, help formulate a plea, analyze the prosecutor's case, assess the potential sentences (and the likelihood of a particular judge awarding such a sentence), review search and seizure procedures, question witnesses, and gather evidence.

Full Answer

What is a criminal defense investigation?

What Does a Criminal Defense Attorney Do? Criminal defense attorneys (private and court-appointed) research the facts, investigate the case against their clients, and try to negotiate deals with their adversaries (prosecutors). These deals might include reduced bail, reduced charges, and reduced sentences.

What can a lawyer do in a criminal investigation?

For starters, a criminal defense attorney will consult with you and discuss the specifics of your case. They’ll give you an idea of the consequences you’re facing, and suggest how they might be able to help. From there, if you choose to hire them, they’ll start working on your case. This can involve, but is not limited to: interviewing eyewitnesses

What does a defense attorney do in a criminal case?

Investigators review and reread and compare materials received from the prosecution, and seek out inconsistencies and evidence that may have been originally overlooked. In a criminal defense investigation, private investigators: Scour police reports. Meticulously review evidence. Carefully review photographs. Listen to phone messages.

Why would a defense attorney order an investigation?

Jul 04, 2012 · A lawyer would be entitled to all discovery on the case, including police reports, witness statements, forensic evidence, test results, and any evidence the prosection has in its possession regarding the case. Additionally a lawyer can have his own investigators conducting investigation to locate evidence, witnesses, etc.

How do criminal defense lawyers work?

A criminal defense lawyer may be contacted directly by the defendant or may be assigned the case by the court. Many criminal defense lawyers are public defenders who are paid by the public defender’s office. They are appointed cases by local, state or federal courts. Other criminal defense lawyers are hired by private firms. Some criminal defense lawyers have an independent legal office that they man themselves. Public defenders tend to be paid a lower salary than private lawyers and also tend to have a higher case load due to the referral process and the pay coming from individuals other than defendants. In some cases, a court may appoint a private lawyer to take a specific case.

What is the purpose of investigating a criminal case?

Investigation into the Case. In addition to asking the criminal defendant pointed questions about the case , he or she must further investigate the case to determine any possible avenues of acquitting the defendant. This often includes questioning police about the procedures that they used in conjunction with the case.

What is a plea bargain lawyer?

Plea Bargaining. A criminal defense lawyer is also responsible for talking about the status of the case and negotiating with the prosecutor regarding any particular plea bargain. A criminal defense lawyer may be able to help secure a favorable deal for the defendant that results in a reduction of charges or the possible punishment.

What is the purpose of an analysis of evidence?

Analyzing the evidence against a criminal defendant requires the criminal defense lawyer to carefully study the facts and theories of the case. He or she may have evidence independently tested. Additionally, he or she may examined the evidence to determine if there are any legal theories that work against the conviction of his or her client.

What is the role of a lawyer in a case?

The lawyer must ensure that conversations with the client is kept confidential. The lawyer must also ensure that he or she communicates information about the case to the client so that he or she has a better understanding of the possible consequences .

Who can represent a defendant in a sentencing?

If the criminal defendant is sentenced for the crime either because he or she accepted a plea bargain or was convicted by the judge or jury, a criminal defense lawyer can represent the defendant during the sentencing phase.

Do public defenders get paid?

Public defenders tend to be paid a lower salary than private lawyers and also tend to have a higher case load due to the referral process and the pay coming from individuals other than defendants. In some cases, a court may appoint a private lawyer to take a specific case.

What is the job of a criminal defense attorney?

First and foremost, a criminal defense attorney’s job is to protect your rights throughout the prosecution of your case. Your attorney does not need to prove that you are innocent – in fact, your guilt or innocence is often irrelevant to a criminal defense attorney. Why? Because the State of Nebraska, through the prosecuting attorney, has the burden of proving you guilty beyond a reasonable doubt. The defendant never has the burden of proving himself/herself innocent. A job of a defense attorney, therefore, is to make sure you are not convicted unless the State has met its burden. Although most defendants do put on a defense, a defendant is not even required to do so at trial because the burden rests with the State to prove the defendant guilty.

How to contact Petersen Criminal Defense Law?

In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.

What is the duty of a defense attorney?

In addition to using court discovery procedures to obtain evidence from the prosecution, defense attorneys have a duty to investigate their clients' cases. Effective lawyers will gather evidence of their own in preparation for trial—and even to see whether the client has a reasonable chance of winning at trial.

What to do if you are facing criminal charges?

If you're facing criminal charges, consult an experienced criminal defense lawyer. Only such a lawyer can protect your rights and effectively investigate your case. An attorney will also be able to tell you what you should—and shouldn't—do to help.

What happens if a witness tells a different story at trial?

And if the witness tells a different story at trial, the defendant might be forced to testify to controvert it. (The testimony might open the defendant up to difficult questioning and the jury might be inclined to believe the non-defendant witness in a battle of words.)

How does the defense benefit from interviewing witnesses?

The defense can gain significant benefits from trying to interview prosecution witnesses rather than relying on their statements . These include the ability to: gauge witnesses' demeanor and credibility. ferret out details of witnesses' stories and strategize as to how to handle their testimony at trial.

How to interview witnesses?

The defense can gain significant benefits from trying to interview prosecution witnesses rather than relying on their statements. These include the ability to: 1 gauge witnesses' demeanor and credibility 2 ferret out details of witnesses' stories and strategize as to how to handle their testimony at trial 3 impeach witnesses who say something on the stand that's inconsistent with what they told the defense 4 establish a foundation for arguing witnesses who refuse to speak to the defense are biased against the defendant, and 5 find leads for new evidence and people to interview.

Is it worth interviewing a witness?

Some defendants might wonder whether it's worth it to interview a witness who has already given a statement that the prosecution has disclosed. But prosecutors and police officers sometimes omit or misstate information (either intentionally or not). Further, when law enforcement and prosecutors speak to witnesses, they aren't likely to ask all the questions the answers to which the defense would like to know. And there might not be a record of all conversations witnesses have had with the other side.

Can a defense lawyer interview a reluctant witness?

The defense lawyer might hire a private investigator who specializes in finding and interviewing reluctant witnesses. (A defense attorney might be capable of persuading a hesitant witness to talk, but will typically prefer to have someone else try, or at least be present during the conversation—that way the lawyer doesn't have to testify if the witness says something new or inconsistent at trial.)

What is criminal defense investigation?

Criminal defense investigation is about finding mistakes and holes in the prosecution’s case and uncovering evidence and witnesses which will refute their claims —perhaps even an alibi.

What is the role of a public defender in a criminal case?

A public defender gets involved, with an investigator on the defense team. The investigator finds other witnesses whom the police have not chosen to visit or have not realized existed. The case goes to trial, and the defendant is found not guilty by a jury.

What does "accuser" mean in a criminal case?

A criminal case deserves a thorough investigation, and attorneys do not like surprises in the courtroom. In questioning witnesses or writing reports, use the term accuser rather than victim. The word victim implies someone suffered some sort of negative consequence. “Accuser” indicates possible doubt.

What happens to the athlete who refuses to plead guilty to a lesser offense?

The athletic department suspends him from the team pending an investigation. A law firm retained by the university takes the case, and without an investigator, advises the athlete to plead guilty to a lesser offense. He refuses, saying he is not guilty and does not want this on his record.

What to do if a witness is not on the state witness list?

If law enforcement interviewed any witnesses who are not on the State’s witness list, a defense investigator should speak to them, for sure. Defense attorneys like to know ahead of time what a witness is going to say in depositions, if possible.

What does it mean when someone witnesses a crime?

Someone witnesses a crime and calls law enforcement. A patrol officer gets a radio call and heads to the scene. He figures he’s headed to a crime situation. Why else would they need him?

Why was a defensive back arrested?

A defensive back on one of our state university football teams is arrested for assaulting a female in a campus-town club. He has been identified by the victim, her fiancé, and a friend of the victim. The athletic department suspends him from the team pending an investigation.

Why do criminal defense attorneys defend?

For starters, attorneys are less concerned with what their clients did, and more concerned with what the government can prove they did.

What is a criminal defense lawyer?

Definition: “Criminal Defense Lawyer”. A criminal defense lawyer is someone who has been admitted to practice law by the bar of a particular jurisdiction. The “bar” of a particular jurisdiction is essentially an association that grants licenses to attorneys.

How much does a criminal defense attorney cost?

There is no set amount of money that a private criminal defense attorney might cost you. Some attorneys may cost $1,000, while others may charge you $20,000 (or more) for their services. There are two main reasons for the inconsistencies in cost: every attorney is different, and every case is unique.

What is a private criminal defense attorney?

A private criminal defense attorney is a privately-employed, bar-admitted attorney that defends and represents criminal defendants. They usually charge a fee for their services, but sometimes work free of charge as part of pro bono work.

What happens if a criminal case goes to trial?

If your case goes to trial, your attorney will play a role in selecting the jury and then defend you to the best of their ability for as long as your trial lasts. Criminal defense attorneys do everything they can to achieve the best possible outcome for their clients.

Why is it important to know about private criminal defense?

This is important to know because sometimes people think that they must hire a private criminal defense attorney. They also tend to believe that all private criminal defense attorneys are necessarily better than the free lawyer that might be appointed for them. This is sometimes the case but not always the case.

What is public criminal defense?

A public criminal defense attorney is a government-employed, bar-admitted attorney that defends and represents criminal defendants. They are paid by the government of the relevant jurisdiction – usually the state – and therefore charge no fee to their clients. They are more commonly known as “public defenders.”.

Why should a criminal defense attorney hire a private investigator?

One of the things private investigators have that defense attorneys do not is time.

How to do a criminal investigation?

Investigators review and reread and compare materials received from the prosecution, and seek out inconsistencies and evidence that may have been originally overlooked. In a criminal defense investigation, private investigators: 1 Scour police reports. 2 Meticulously review evidence. 3 Carefully review photographs. 4 Listen to phone messages. 5 Review witness statements.

Why are private investigators important in criminal defense?

Private investigators are invaluable to criminal defense attorneys because they are intimately aware of the law.

What is the role of a private investigator in a criminal case?

Every defense attorney and their defense team needs support as they put together a case to establish reasonable doubt and get an acquittal for their client.

What is the job of an investigator?

An investigator’s job is not to get a defendant acquitted, but to give a defense attorney the necessary information to do their job to secure an acquittal.

David Alexander Russomanno

It is defense counsel's duty and job to investigate every aspect of the case. The more he or she knows about the case, the more adept he or she will be better able to service and advise the client and fight the charges.

Timothy Bryan Liebaert

I agree very much with what Scott Vallens, Esq., has said about this question. I am an attorney and a licensed private investigator. For a homicide case, it is crucial that the handling attorney use a PI for every aspect of the evidence to be developed for the case.

Jeffrey Scott Vallens

Any veteran criminal defense attorney knows that investigation in a criminal case should come through a licensed private investigator. The reason for this is simple. An investigator could be called to tesify if needed. A defense attorney cannot.

David Michael Boertje

A lawyer would be entitled to all discovery on the case, including police reports, witness statements, forensic evidence, test results, and any evidence the prosection has in its possession regarding the case. Additionally a lawyer can have his own investigators conducting investigation to locate evidence, witnesses, etc.

Barry Franklin Poulson

Attorneys gather information. Typical methods include discovery, as you have noted, plus FOIA (Freedom of Informatiion Requests) and (depending on the case) independant analysis of lab results, psych reports, etc. Research of the law, including statutes, jury instructions, and case law.

What does a detective do after an arrest?

After an arrest, the detective will assist the prosecutor handling the case.

What is a police detective?

A police detective is assigned to follow up in most felony cases and more serious misdemeanor cases. They do this to gather additional evidence overlooked by the less experienced patrol officers. The detective can order tests from forensic labs, take more pictures, canvas for more witnesses helpful to the government, get DNA samples, order background checks on parties, and prepare the case for the district attorney/prosecutor to review. Once the DA approves of the case or asks for more investigation, the detective will prepare an affidavit for an arrest warrant and ask a judge to issue a warrant for the arrest of the accused if he/she is not already in custody. After an arrest, the detective will assist the prosecutor handling the case.

How many steps does a detective take in Colorado?

Colorado police detectives investigate crimes in five basic steps. From the beginning of a criminal case to the point where an arrest occurs or an arrest warrant is issued, it is normally the same. Here is a list of the steps, and then we can discuss each one separately.

What does a criminal defense attorney do?

At a minimum, a criminal defense attorney will ensure that the charges brought against you are appropriate, given the facts of the case and advocate on your behalf to receive the lowest possible penalty. The criminal procedure process is a complex matter, and the nuances of the differences of criminal charges are even more complex.

How much does a criminal defense lawyer charge per hour?

Typically, you can expect to pay $150 to $700 an hour for a criminal defense lawyer’s time. With an hourly fee structure, it is not uncommon for legal bills to get into the $10,000 to $15,000 range quickly.

Why do attorneys not agree to flat fee?

Further, many attorneys will not agree to a flat fee arrangement, due to the varying nature of the criminal process. An attorney may also have a clause in a flat fee arrangement that allows them to increase the flat fee, should the case proceed to trial.

What are the consequences of hiring a criminal lawyer?

These may include jail time, creation of a criminal record, monetary fines, loss of future employment opportunities, or more. Therefore, it is often in your best interests to find and hire an experienced and well qualified criminal defense attorney to assist you with your charges.

How does income affect criminal defense costs?

There are several factors that can affect the overall costs of a criminal case, including: Defendant’s Income: Your income determines whether you are eligible for a court-appointed attorney, or whether you need to hire your own attorney.

What happens at arraignment?

During the arraignment, you will be asked to enter your plea, and should there be no plea bargain, a preliminary hearing will be held where a judge will determine whether there is sufficient evidence to charge you with a crime. As can be seen, the entire criminal procedure is often very complex, and, thus, it is often in your best interest ...

What are the factors that affect an attorney's fee?

Some of the more important factors affecting an attorney’s rate include: The skill of the attorney; The experience of the attorney; The seriousness of the offense; The complexity of the legal issues in the case;

Advantages to Be Had

• The defense can gain significant benefits from trying to interview prosecution witnesses rather than relying on their statements. These include the ability to: 1. gauge witnesses' demeanor and credibility 2. ferret out details of witnesses' stories and strategize as to how to handle their testimony at trial 3. impeach witnesses who say something on the stand that's inconsistent wit…

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The Process

• So, let’s take a look at how a typical case works: Someone witnesses a crime and calls law enforcement. A patrol officer gets a radio call and heads to the scene. He figures he’s headed to a crime situation. Why else would they need him? Often, it’s at the discretion of those officers on the scene to determine what happened and who did what. From there, it becomes a series of report…

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The Case Study

The Scene

The Interviews

The Attorneys

The Myths and The Realities