what role does the defense attorney play in criminal cases

During your case, a criminal defense attorney is your adviser, your strategist, and your counselor. A criminal defense attorney evaluates the discovery that is provided by the government (the evidence against you), advises you on whether or not to take a specific plea, and handles your criminal trial if you were to decide to have one.

Full Answer

What are the duties of a criminal lawyer?

Apr 14, 2022 · Another role that a criminal defense attorney can play is during the sentencing phase where he or she may represent the defendant if the criminal defendant is sentenced for the crime, whether as a result of accepting a plea deal or being convicted by a judge or jury. It is possible that he or she can persuade the court to lessen the sentence.

What are the duties of a defense attorney?

Jul 30, 2018 · It is the criminal defense lawyer who provides legal representation for the person accused of a crime, who works to make sure that they are given a fair trial, and ultimately that stands for that person during the process of a criminal trial. A good defense lawyer is a person who both understands the law and the courts and works to zealously defend the rights of their …

What does a criminal defense attorney do?

Because of a number of factors—political and public pressure, overcrowded jails, overloaded court calendars—deal-making has grown in importance and has become an essential element in unclogging the criminal justice system. Criminal defense attorneys also examine witnesses, help formulate a plea, analyze the prosecutor's case, assess the potential sentences (and the …

What is the job description of a criminal lawyer?

Aug 14, 2019 · The role of a criminal defense attorney during your case During your case, a criminal defense attorney is your adviser, your strategist, and your counselor. A criminal defense attorney evaluates the discovery that is provided by the government (the evidence against you), advises you on whether or not to take a specific plea , and handles your criminal trial if you …

What happens if a case goes to trial?

If your case does eventually go to trial, your attorney will collaborate with you to help build an effective defense strategy. You’ll discuss the evidence against you and how you should plead in order to ensure the best possible outcome.

What to do after trial?

If you are not happy with the results of your trial, you can speak to your attorney about appealing your ruling.

Who is Jacob Martinez?

Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Mr. Martinez has been designated a Top 100 Trial Lawyer by the National Trial Lawyers and has been awarded both the Avvo Client’s Choice Award and Avvo Top Attorney designation, evidencing his reputation for his exemplary criminal and DUI defense work and high moral standards.

What does a defense lawyer do?

Defense counsel also provide more personal services by giving the defendant a reality check as to the possible outcomes and by helping the defendant to deal with the frustrations and fears resulting from being thrown into the criminal justice system. And of course, if no plea deal can be made, the defense lawyer represents the defendant at trial.

What is a defense attorney?

Within the complex criminal justice system, a defense attorney serves as the defendant's guide, protector, and confidant. (At least that's how it's supposed to be.) Defense attorneys are usually grouped in two camps: court-appointed attorneys paid by the government and private attorneys paid by the defendant. ...

Why is deal making important?

Because of a number of factors—political and public pressure, overcrowded jails, overloaded court calendars—deal-making has grown in importance and has become an essential element in unclogging the criminal justice system.

What is a court appointed attorney?

These court-appointed attorneys are either public defenders who are on government salary, or they are so-called "panel attorneys," local attorneys chosen from a panel. A small fraction of criminal defendants (approximately two percent) represent themselves and are referred to as "pro se" or "pro per" defendants.

Can a defendant represent themselves?

What is clear is that being represented by a lawyer is almost always the best option. Nevertheless, some criminal defendants represent themselves. The decision of whether a defendant can self-represent is ultimately made by the judge, not the defendant. The judge is required to determine the defendant's competency.

What is criminal defense?

Criminal defense law is a type of law that allows certain legal protections to those who are accused of committing a crime. The right to these protections, including the right to a defense lawyer and a fair court trial, are granted by the U.S. Constitution.

What does a criminal defense attorney do?

When someone is accused of committing a crime, their criminal defense attorney’s goal is to defend them and seek the best possible outcome for the case. Depending on the case, this could mean reducing the sentence, avoiding jail time or being acquitted.

Why hire a criminal defense attorney?

Whether innocent or guilty, the Sixth Amendment requires that those charged with a crime be provided a fair and speedy trial to defend themselves against their charges. In cases where the defendant has not hired a lawyer of their own, they will be granted a public defender if they do not choose to represent themselves in court.

What are signs of a bad defense attorney?

When facing criminal charges, the last thing you want is to hire a bad defense attorney and to have them mishandle your case. Before hiring a lawyer, there are several things to consider and some research to be done.

Miami Criminal Defense Attorney

Finding the right criminal defense attorney in Miami can often be stressful, especially when dealing with your first criminal charges. Start your search by consulting with an attorney that cares about your case and will fight for you in court.

Why do you need a criminal defense attorney?

If you or someone that you care about has been arrested or charged with a crime, it is imperative that you immediately hire an experienced criminal defense attorney to help protect your legal rights and ensure that you have the best defense possible to avoid a criminal conviction.

Is a conviction automatic?

A criminal conviction is not automatic, but rather involves a drawn out process. The criminal courts and laws do not automatically find a person guilty of a crime and sentence him or her. The United States Constitution gives each person certain rights and protections.

The Role of a Criminal Defense Attorney is One Part Investigator

When you hire a criminal defense attorney, his or her job starts right away. Long before the jury is called or a verdict is reached, your criminal lawyer will be hard at work building your defense. The role of a criminal defense firm is partially that of an investigator.

And One Part Negotiator

If the investigation reveals that the State has a strong case, the role of a criminal defense attorney may shift to being an advocate and negotiator. If necessary, your attorney will use their experience and connections to negotiate the best deal possible.

And One Part Storyteller

Sometimes, though, the best deal is no deal. Some cases simply must go to trial. That’s when the third part of a criminal defense attorney’s role kicks in: the storyteller. Whether the case is tried in front of just the judge or a jury, your attorney will tell your side of the story.

Is a Public Defender Enough?

The rest of that line in the crime drama says, “if you can’t afford a lawyer one will be appointed to you.” That lawyer is a public defender. Their jobs are the same as the privately hired criminal defense lawyer, except they get paid by the state. They are available to anyone who does not have the money to hire a private lawyer.