what is the role of a defence lawyer

What does a defense lawyer do?

The defense lawyer works with the defendant and other witnesses to understand the defendant's version of events and to determine an appropriate defense (e.g., alibi, self-defense, misidentification). The defense lawyer can provide advice on what plea to enter, whether to accept a plea agreement, whether to waive a jury trial, ...

Why is it important to get a defense lawyer?

There are many actions a defense lawyer can take to protect and aid a defendant in the early stages that may not be possible as the case progresses.

What is the role of a prosecutor in a criminal case?

The prosecutor's role is to argue the side of the state that seeks to prove the defendant's guilt. The defense lawyer's role is to argue on behalf of the defendant. The defendant has no burden of proof.

What is the role of the defense in criminal justice?

The criminal justice system recognizes that in a criminal proceeding the state is asserting its ultimate authority over a single civilian; the defense carefully observes the use of this authority. Furthermore, different safeguards are in place to prevent abuse of the state's power.

Why do defense lawyers challenge procedural errors?

The defense lawyer challenges procedural errors and may seek to have charges dismissed because of unreliable evidence or testimony. The defense lawyer informs the defendant of his rights and defends those rights to ensure they have not been violated.

Why do defendants have civil rights?

Defendants possess civil rights to ensure they are treated fairly and given an opportunity to argue their case. Safeguards, however, are useless without someone to guarantee or police them. This is the job of the defense lawyer. The defense lawyer presents all evidence to rebut the prosecutor's arguments and challenges all questionable assertions ...

Can a defense lawyer negotiate bail?

The defense lawyer can negotiate with the prosecutor to have charges reduced or even dropped.

What is a defense attorney?

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.

What is the role of defense counsel in a criminal case?

The role of defense counsel is to be the accused’s advocate and try to clear that person of the charges in the case.

What are the duties of a defense counsel?

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

What is the scope of practice of defense counsel?

The scope of practice for defense counsel spans the entire legal process, including: Common roles that defense counsel take include: 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 ...

Who is the representative of the accused in court?

The defense attorney serves as the representative of the accused in court. So, the accused does not have to speak or testify at all, but he or she still has the opportunity to cross examine the witnesses brought by the prosecution.

Who pays for public defenders?

These lawyers work for the government and typically are appointed as defense counsel to clients who cannot afford to hire their own lawyer. In such cases, the legal fees for the public defender are paid by the government. In a case where the accused can afford his or her own defense counsel, that person is responsible for all legal fees incurred ...

Do defense lawyers have to disclose guilt?

Some facts to keep in mind: If the defendant tells his defense counsel that he did do the crime, the lawyer is not required to disclose this admission of guilt.

What is the role of a defence counsel?

The function of defence counsel is to provide professional assistance and advice. He must, accordingly, exercise his professional skill and judgment in the conduct of the case and not allow himself to be a mere mouthpiece for the client.”.

Who is responsible for the conduct of the defence?

Otherwise, counsel is responsible for the conduct of the defence and counsel must exercise independent judgment as to what is in the client’s best interests and as to whether any particular course of conduct is consistent with counsel ’s duties as an officer of the court.”. The justification for that lies in the fact that “ ...

Why are lawyers retained?

Lawyers are retained by clients for their legal expertise and know-how. To solve their problems, or at least improve their chances and minimize their losses by applying legal strategy. It follows that counsel should not act as a simple agent for the client by merely taking and executing instructions.

What are the choices in a criminal case?

Ultimately, the most fundamental choices in the criminal proceeding are made by the client: 1 Whether to plead guilty or not guilty; 2 Whether to accept or forego a plea deal in favour of going to trial; 3 Whether to request or waive a preliminary inquiry; 4 Whether to exercise the right to a trial by jury; 5 Whether to advance a defence of “not criminally responsible”; and 6 Whether to testify in their own defence.

What does a defence counsel decide?

The Court stated that defence counsel decide what if any motions or arguments of law should be brought, and what facts should be marshalled before the court. Defence counsel is also entitled to concede points, abandon motions, and make admissions where appropriate, without consulting the client.

What is the assistance of counsel?

The assistance of counsel is a right granted not only to detainees under s.10 ( b) of the Charter, but a right granted to every accused by the common law, the Criminal Code and ss.7 and 11 ( d) of the Charter . It is not just a right to the assistance of counsel, but to the effective assistance of counsel, and one that this Court has characterized ...

What is the oath of office of a lawyer?

Lawyers are bound by their oath of office, by the rules that govern their profession and by their status as officers of the court. They must ensure that the interests of their clients, however zealously advocated, remain subject to society’s interest in ensuring the orderly and ethical resolution of legal disputes.

What is the role of a criminal defense lawyer?

Criminal Defense Lawyer. From a philosophical standpoint, the role of a prosecutor is to seek justice. This places them in a different role than any other attorney in the system. They are not simply advocates for one side or another. They have a higher burden imposed upon them to do the right thing, rather than to simply try to win.

What is the job of a prosecuting attorney?

Generally, these are the functions of a prosecuting attorney: (1) Review police reports and make charging decisions. Whenever a crime is reported to the police, the police investigate the crime and then make a report. That report is ultimately sent to a prosecuting attorney for review.

What is plea bargaining in criminal law?

If a prosecutor makes a decision to file criminal charges against a defendant, it is likely that they will ultimately engage in a plea-bargaining process with the defendant and their lawyer. Over 90% of all state and federal convictions are obtained via a plea bargain. Plea bargains are agreements between the prosecutor and the defendant ...

What is plea bargain?

Plea bargains are agreements between the prosecutor and the defendant (and sometimes the judge) that give some benefit to a defendant in exchange for not making the government have a trial in the case.

What does the prosecutor decide?

Once the prosecutor has enough information available to make his or her decision, the prosecutor decides whether to file criminal charges or to decline to file criminal charges. While bringing charges only requires that the prosecutor believe that there is probable cause to charge someone with a crime, the prosecutor must consider whether they ...

Can a prosecutor make a bargain?

Only a prosecutor can make a bargain with regard to the charge the defendant a defendant will plead to as part of an agreement. For example, a prosecutor can offer to dismiss a more serious charge if a defendant will agree to plead to a less serious one. A judge does not have the power to offer such a bargain to the defendant.

Who makes the decision about whether or not to charge a suspect with a crime?

It is the prosecuting attorney who then reads that report, and makes a decision about whether or not to charge a suspect with a crime. The prosecuting attorney also has the option to direct the police to go back and continue their investigation if the prosecutor doesn’t believe that the police have gathered enough information in order for ...