Defense counsel can decline in private practice to represent a certain criminal. The role of defense counsel is to be the accused’s advocate and try to clear that person of the charges in the case. But it is not his or her role to determine if the client is guilty or not.
The defense attorney will assign projects to their paralegals to look for case reports that can support their defense and will look for violations of the defendant’s rights. If the defendant is convicted, the attorney will be present at sentencing where they will recommend light sentencing, treatment alternatives, or programs that will help the offender become contributing members …
Criminal defense counsel defend people and organizations that have been charged with some type of crime at the local, state or federal level. The scope of practice for defense counsel spans the entire legal process, including: Bail bond hearings. Plea bargains. Trial. Revocation hearings. Appeals. Post conviction remedies
If you face criminal charges, consult an experienced criminal defense attorney. A knowledgeable lawyer should be able to fully explain the applicable law—which will depend on your jurisdiction—and protect your rights. Talk to a Lawyer. Start here to find criminal defense lawyers near you. Practice Area.
An alibi defense consists of evidence that the defendant was somewhere other than the scene of the crime at the time of the crime. For example, assume that Jones is accused of committing a burglary on Hampton Street at midnight on September 14.
This presumption means that the prosecution must convince the jury of the defendant's guilt, rather than the defendant having to prove innocence.
Defense counsel or a defense attorney is hired or assigned to the accused after he or she has been charged with a crime. The defense counsel is the sole legal representative of the accused throughout the entire state or federal legal process.
The defense attorney serves as the representative of the accused in court.
The role of defense counsel is to be the accused’s advocate and try to clear that person of the charges in the case.
Common roles that defense counsel take include: 1 Investigating the case and interviewing all witnesses 2 Research pertinent case law, crime codes and statutes 3 Build defense and come up with effective case strategy 4 Negotiate with prosecutors to arrange plea bargain 5 Draft, file and argue motions to dismiss or motions to suppress 6 Advocate for the accused at trial 7 Cross examine prosecution witnesses 8 Interview and select jury 9 Draft, file and argue any appeals
A defendant may argue that there are holes in the prosecution’s case, that evidence was gathered in violation of the defendant’s constitutional rights, that another individual committed the crime, that the defendant had a justifiable reason for committing the crime, that the defendant lacked the intent to commit the crime, or that that defendant had a mental incapacity which caused him or her to commit the crime.
A criminal defense is a strategic argument that attempts to challenge the validity and sufficiency of the prosecution’s evidence. The prosecution, often referred to as the state, the people, or the United States for federal crimes, is the party trying to prove the criminal charges against you. The prosecution must prove ...
Mistake of Law / Mistake of Fact. Sometimes, a defendant may have been unaware of a fundamental element of a crime that the prosecution has charged him with. For example, if a defendant is charged with stealing a car, but believed his family member or friend wanted to give him the car, a mistake defense would exist.
The prosecution must prove the crime beyond a reasonable doubt. This breaks down as they must prove every element of the crime you have been charged with beyond a reasonable doubt.
The prosecution must prove the crime beyond a reasonable doubt. This breaks down as they must prove every element of the crime you have been charged with beyond a reasonable doubt. This is called the “burden of proof,” and it is a heavy one.
Innocence. One of the simplest defenses to criminal liability is the defense of innocence. This defense is raised when you did not commit the crime. Remember, the prosecution has to prove every element of the crime charged against you and prove it beyond a reasonable doubt. To be innocent you do not have to prove anything.
To be innocent you do not have to prove anything. However, you have the option of offering testimony, documents, and other evidence in support of your innocence. 2. Constitutional Violations. These are types of criminal defenses used in criminal trials and involve the way evidence was collected by police and other law enforcement.
Irrespective of payment or a client’s guilt or innocence, from the start, a good criminal defense attorney cares and takes steps to ensure the client’s constitutional rights are protected, and vindicated, and that the client is treated fairly and humanely by the criminal justice system.
Good defense attorneys aren’t focused on whether their clients are innocent or guilty. Instead, they protect and fight for defendants of both stripes using all available energy and resources. Advertisement. 4. A good defense attorney doesn’t accept what is in police and prosecution reports.
About the Author: Stephen Cooper is a former federal and D.C. public defender. He writes full-time and lives in Woodland Hills, California. Calling all HuffPost superfans! Sign up for membership to become a founding member and help shape HuffPost’s next chapter.
(a) As an officer of the court, defense counsel should support the authority and dignity of the court by adherence to codes of professionalism and by manifesting a courteous and professional attitude toward the judge, opposing counsel, witnesses, jurors, courtroom staff and others. In court as elsewhere, the defense counsel should not display or act out of any improper or unlawful bias.
(a) An attorney whose assigned duty is to actively assist a pro se criminally accused person should permit the accused to make the final decisions on all matters, including strategic and tactical matters relating to the conduct of the case, while still providing the attorney’s best advice.
(a) As used in these Standards, “defense counsel” means any attorney – including privately retained, assigned by the court, acting pro bono or serving indigent defendants in a legal aid or public defender’s office – who acts as an attorney on behalf of a client being investigated or prosecuted for alleged criminal conduct, or a client seeking legal advice regarding a potential, ongoing or past criminal matter or subpoena, including as a witness. These Standards are intended to apply in any context in which a lawyer would reasonably understand that a criminal prosecution could result. The Standards are intended to serve the best interests of clients, and should not be relied upon to justify any decision that is counter to the client’s best interests. The burden to justify any exception should rest with the lawyer seeking it.
Such steps may include: filing motions, including motions for reconsideration, and exhibits; making objections and placing explanations on the record; requesting evidentiary hearings; requesting or objecting to jury instructions; and making offers of proof and proffers of excluded evidence.
(a) The community of criminal defense attorneys, including public defense offices and State and local Bar Associations, should develop and maintain programs of training and continuing education for both new and experienced defense counsel. Defense offices, as well as the organized Bar or courts, should require that current and aspiring criminal defense counsel attend a reasonable number of hours of such training and education.
(a) Every jurisdiction should guarantee by statute or rule the right of a criminally-detained or confined person to prompt, confidential, affordable and effective communication with a defense lawyer throughout a criminal investigation, prosecution, appeal, or other quasi-criminal proceedings such as habeas corpus.
(a) Before the conclusion of all aspects of a criminal representation in which defense counsel participates, defense counsel should not enter into any agreement or informal understanding by which the defense counsel acquires an interest in a literary or media portrayal or account based on or arising out of defense counsel’s involvement in the matter.
Plea bargaining. It’s very common for your defense attorney (with your approval) to negotiate a plea bargain with the prosecution and the courts. In this case, you agree to plead guilty to a lesser crime in return for a lighter sentence, or to plead guilty to fewer counts in return for having the other counts dropped.
The short answer is yes, it is possible for charges to be reduced or even dropped. However, it bears some further explanation. When criminal charges are brought against you, they are brought by the prosecuting attorney, who represents the government.
Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide not to file any charges at all. ( U.S. v. Batchelder, U.S. Sup. Ct. 1979.)
Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, weather conditions, and witnesses' names and addresses. Arrest reports are almost always one-sided.
Judges get involved in the plea process as well. By meeting in chambers with the prosecution and defense attorneys who may be entrenched in their positions, the judge will generally assess the evidence against you and whatever defenses are available.
The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre.
Right to a trial by jury of 12 persons who must find you guilty by a unanimous verdict 1. Right to present your own witnesses and evidence. Right to remain silent and to not testify or offer any evidence. Understanding of the immigration consequences if you are not a US citizen or of other constitutional rights.
A plea of nolo contendre is a guilty plea. Its effect is in civil cases where a victim may elect to sue the defendant for civil damages by not allowing the plea in the criminal case to be evidence of an admission of guilt to the underlying charge. About 90% of all criminal cases end in a plea agreement. The ones that do go to trial are usually in ...