what a criminal defense lawyer does

by Mr. Barrett Turcotte I 4 min read

As part of the lawyer's job functions, a criminal lawyer will:

  • Investigate the case and interview witnesses
  • Research case law, statutes, crimes codes, and procedural law
  • Build a defense and develop a case strategy
  • Negotiate with the prosecution to plea bargain to lesser charges
  • Draft, file and argue motions such as motions to dismiss and motions to suppress
  • Advocate for the defendant at trial

More items...

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.

Full Answer

What you can expect from the best criminal defense lawyer?

A criminal defense lawyer fulfills many important roles during the course of a criminal case. He or she is is responsible for defending a person who is charged with a crime. He or she speaks on the client’s behalf. Assignment of the Case A criminal defense lawyer may be contacted directly by the defendant or may be assigned the case by the court.

Who are the best criminal defense attorneys?

Jul 22, 2021 · A criminal defense lawyer is someone you want on your side when faced with misdemeanor charges or felonies. They specialize in court cases to back up and prove the defendant is innocent of all charges. The prosecutor, usually the state’s attorney, DA, or Assistant DA, will prove the defendant’s guilt. By contacting an Orlando criminal defense lawyer, they can …

What are the duties of a criminal defense lawyer?

Sep 26, 2019 · A criminal defense lawyer can help clients during the entire criminal justice process, from pre-arrest and pre-trial to sentencing if convicted. Here is a breakdown of the pre-trial services a criminal defense lawyer provides.

What are the duties of criminal defence lawyers?

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.

image

What is the role of the defense lawyer?

Whether dealing with criminal or civil cases, a Defense Attorney is an advocate for the accused, responsible for protecting their client's interests. When individuals or corporations are brought before a court as the defendant, they are at risk of having a judgment made against them.

Why are criminal defense lawyers important?

Criminal defense attorneys perform a most important role in the American criminal justice system. They have a duty to their clients to ensure that those accused of a crime receive due process of law and enjoy every possible benefit from their talent that jus- tice allows.

How much do criminal lawyers make?

The salaries of Criminal Lawyers in the US range from $21,204 to $556,465 , with a median salary of $102,507 . The middle 57% of Criminal Lawyers makes between $102,507 and $253,785, with the top 86% making $556,465.

What type of lawyer makes the most money?

Some of the highest-paid lawyers are:Medical Lawyers – Average $138,431. Medical lawyers make one of the highest median wages in the legal field. ... Intellectual Property Attorneys – Average $128,913. ... Trial Attorneys – Average $97,158. ... Tax Attorneys – Average $101,204. ... Corporate Lawyers – $116,361.Dec 18, 2020

Misdemeanors Vs. Felonies

Within a criminal case, the prosecutors will push a criminal case to the extent of punishment by law. Misdemeanors are lesser of the crimes where the crime is punishable for up to a year in prison or extensive fines. Felonies are where the defendant may have committed a homicide, self-defense case, or grand theft.

Stand-Your-Ground Cases

In criminal cases, these are among the trickiest. Everyone has a right to defend themselves. This law was created so innocent people can use force, including deadly force, when threatened. Most times, the innocent person may be picked up by the police and taken in for questioning. This is when a defense attorney should be present.

What Do You Do If You Are Incarcerated?

If you are arrested, especially for something you did not do, do not fight back. Exercise your right to remain silent and speak only to your attorney. You have one phone call. Use it wisely. Some call their attorney right away, while others may call a loved one to have them contact their attorney.

Following Instructions

Following instructions or not can make or break your case. The attorney will run through a procedure to lessen the charges or get the charges dropped. In all situations, it is best to be 100 percent honest at all times. Tell your story and be brief and to the point. A courtroom does not want to hear a sob story; they want the truth.

What is a criminal defense lawyer?

A criminal defense lawyer can help clients during the entire criminal justice process, from pre-arrest and pre-trial to sentencing if convicted. Here is a breakdown of the pre-trial services a criminal defense lawyer provides.

What can a lawyer do after being arrested?

Once arrested, there are several things a lawyer can do to to help your case move through the criminal justice system more smoothly and ensure you get the best result.

What to do if you are arrested?

If arrested, a criminal defense lawyer can help you bond out at a lower rate. First Appearance Court can be a zoo. Each person called before the magistrate has only a few minutes to plead their case for a lower bond. The magistrate may have already reviewed the police records before you even see them. We can help point out reasons why you should not be given such a high bond and help change the magistrate's mind. Once you or a family member or friend is arrested, you should reach out to our legal team immediately. There have been countless times where we have successfully negotiated with the Judge or prosecutor a reduced monetary bond or in some circumstances, no monetary bond to release our client. At the hearing, we will present evidence to show that you are not a danger to the community and are not a flight risk. These are the two main factors, along with the charges themselves, when considering bail for someone. Unfortunately, some charges do not permit a Judge to provide someone a bail. These include felonies punishable by life or death and violations of probation. Fortunately, having a lawyer involved who understands these nuances, can assist in negotiating with a prosecutor bail for these types of cases.

What happens if a case goes to trial?

If your case goes to trial, we are with you. The trial is a long process, and there are many steps during which a lawyer is instrumental. Prior to trial, we will exhaust any and all other avenues to resolve your case in your best interest. Going to trial can be exhausting, both mentally and physically for the client, and we will remain at your side through it all. Prior to trial, we will engage in massive preparation to ensure we understand the cases strengths and weaknesses from front to back and develop a strategy to pursue your defense.

What is the process of jury selection?

During voire dire , we will interview prospective jurors to determine their suitability to serve on your jury. We may try to have jurors removed from the case if we think they may be biased against you, or just have a bad feeling about them. The goal is to get the best jurors for your case on our panel.

What is pre trial negotiation?

In many instances, pre-trial negotiations are engaged in often and at various stages of the litigation. This can range from the beginning when discussing the case with the filing prosecutor, all the way to just prior to trial. Sometimes clients want to engage in these sorts of negotiations to avoid further penalties down the line, to avoid other charges being filed, to accept responsibility, or because it is in their best interests to do so. Sometimes these negotiations result in charges being dismissed and or reduced. Various programs exist which enable many types of offenders to have their charges dismissed, should that sort of resolution be negotiated. At every stage, we will continually discuss the pros and cons of pleading guilty, not guilty, pleading no contest, and or entering any agreement with the government. We will always represent your best interests during the negotiations to make sure you get the best result possible. As an example, some jurisdictions may want to charge a minor accused of robbery as an adult. Having a qualified criminal defense lawyer can improve your chances of negotiating a deal so that the minor is charged as a juvenile and gets a lesser punishment.

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.

image