what is the role of a defense lawyer

What is the job of a criminal defense attorney?

A defense attorney must work extensively to collect evidences and protect them from being manipulated. A criminal defense attorney may have to appear at the court several times. This must be done promptly, without any delay. Also, the attorney must keep his client updated about the progress of the case. A criminal defense lawyer must have ...

What is criminal defense?

Criminal defense is a challenging area of law and protecting the rights and interests of defendants requires substantial skills and expertise. A good criminal defense attorney must assess the case thoroughly, taking into account all the aspects of the case. Even if the defendant is at fault, the attorney must handle the case smartly, ...

Why is it important to collect information?

It’s important to collect as much information as possible about the case. It’s a good idea to visit the scene of crime for collecting proof or other valuable information which can strengthen the case. If there are witnesses, the attorney must talk to them and gather information.

What is the role of a defense lawyer?

The defense lawyer is within his/her rights to conduct negotiations with the prosecution regarding a particular plea bargain. Here, the attorney tries to secure a favorable deal for his or her client. The most frequent attempt that defense attorneys make in this phase is reducing the quantum of punishment.

What does an attorney do in a case?

The attorney must do his or her independent investigation into the case to understand how consistent the client testimonies are. Such investigations usually include asking the police about the procedures they followed in the framing of charges. The lawyer should also talk to the witnesses and interview them thoroughly before producing them in court. A defense attorney has the authority to review the prosecution’s case before they submit it to the jury. After going through the prosecution’s take on the matter, the attorney must arrange for evidence and witnesses who can counter the prosecutor’s claims.

How do attorneys assess a case?

Attorneys usually start assessing the case by interviewing the client. The interview has to be thorough and in as much detail as possible. A detailed talk with the client equips the lawyer with an overall understanding of the strong points as well as the shortcomings of the case. It gives an initial idea into how the attorney should design his approach, what evidence he or she should collect and which witnesses he or she must talk to.

What role does a defense lawyer play in jury selection?

A defense lawyer is well within his or her rights to object to the inclusion of a potential juror if he/she believes that the juror might act biased against his/her client. The attorney may also try to remove jurors from the panel based on a bad feeling against one or multiple of them.

What should an attorney do after taking up a case?

After an attorney takes up a case, the first thing that he or should do is carry out a holistic assessment of the merits and demerits of the case. There are multiple aspects of assessing the nuances of a case.

What happens when the jury decides the quantum of punishment?

Once the trial is over, the jurors submit their opinion to the court. If the jurors declare the accused to be guilty of the charges brought against him/her, the judge decides upon the quantum of punishment. The role of the defense attorney in this phase is to discuss relevant factors that may lead to reduced time in jail. The attorneys may also argue for alternative punishments to incarceration.

Why are defense lawyers important?

Importance of A Defense Lawyer In The Criminal Justice System 1 The defense lawyer presents all evidence to rebut the prosecutor's arguments and challenges all questionable assertions of facts by the prosecutor to ensure that the high burden of proof is met. 2 The defense lawyer challenges procedural errors and may seek to have charges dismissed because of unreliable evidence or testimony. 3 The defense lawyer informs the defendant of his rights and defends those rights to ensure they have not been violated.

What is the role of a prosecutor?

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. That is, the defendant need not prove his innocence.

What are the parts of the criminal justice system?

The criminal justice system is viewed as a three-part system consisting of the judge and jury, the prosecutor, and the defense lawyer. Each part of this system has a specific role.