why does a person charged with criminal defense need a lawyer

This is because a lawyer's true duty is to provide you with vigorous defense for the crime of which you're being accused. For this reason, the most important thing when seeking criminal defense counsel is to find a lawyer who takes their legal responsibility seriously, and will do all they can to mount a thorough defense in your favor.

Full Answer

Why do you need a criminal defense lawyer?

Second, lawyers have a legal responsibility to their clients that they must uphold. The job of a criminal defense lawyer is to defend you against the charges that are presented. When charges are brought, there only has to be "probable cause" that you might have committed the crime.

Why do lawyers defend people who are not guilty?

Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel. Lawyers are bound to deliver this legal right to their clients.

Do you need a lawyer to defend yourself in a legal scuffle?

Let's assume that you've gotten yourself in a legal scuffle, you've been charged with a crime, and you've hired a lawyer to defend you. In your heart of hearts, you know you've done something wrong - but you may not be guilty of the exact crime you're being accused of. Of course, you'd rather not face the severe punishment the prosecution seeks.

What is the most important thing when seeking criminal defense counsel?

For this reason, the most important thing when seeking criminal defense counsel is to find a lawyer who takes their legal responsibility seriously, and will do all they can to mount a thorough defense in your favor. How can a criminal defense lawyer defend someone who they think is guilty? The answer is two-fold.

What is the purpose of a 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.

What is the purpose of a defense to a criminal charge?

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.

What is the most important responsibility of the Defense Attorney?

First and foremost, the most important job of your criminal defense attorney is to fight for you and defend you in the court of law. According to the American Bar Association, the primary responsibility of a criminal defense attorney is to advocate for their clients and defend their rights.

What are the four types of defenses?

In criminal cases, there are usually four primary defenses used: innocence, self-defense, insanity, and constitutional violations. Each of these has their uses, and not all cases can use these defense strategies.

What are the four excuse defenses?

Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment. If a defendant is legally insane at the time he commits the crime, he may be found not guilty by reason of insanity.

How can a defense attorney defend a guilty client?

A criminal lawyer can still defend the client by arguing that the evidence does not prove the elements of the offence beyond reasonable doubt. If the client gives evidence denying guilt or makes a statement claiming their innocence, the solicitor must stop acting for them.

What level of evidence is necessary to find a person guilty in a criminal trial?

"Beyond a reasonable doubt" is the highest legal standard. This is the standard the U.S. Constitution requires the government to meet in order to prove a defendant guilty of a crime. (In re Winship, 397 U.S. 358, 364 (1970).)

What is one of the three main functions of a criminal defense attorney?

Common roles that defense counsel take include:Investigating the case and interviewing all witnesses.Research pertinent case law, crime codes and statutes.Build defense and come up with effective case strategy.Negotiate with prosecutors to arrange plea bargain.More items...

What do criminal defense lawyers do?

Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers: Negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentences. By contrast, prosecutors may be uncooperative with self-represented defendants.

How to help a defendant with fear?

Help defendants cope with the feelings of fear, embarrassment, reduced self-esteem, and anxiety that criminal charges tend to produce in many people. Provide defendants with a reality check—a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial.

What is the power of the prosecutor?

The Power of the Prosecutor. For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file — determines much of what actually happens in the criminal courts.

What is a statute book that looks on paper to constitute one specific crime?

What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.

What is the power of a prosecutor to decide whether to file a charge?

For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file— determines much of what actually happens in the criminal courts. The particular prosecutor who has the power to make decisions, and when those decisions are made, can greatly affect the outcome of a case. An act that looks on paper to constitute one specific crime can be recast as a variety of other crimes, some more and others less serious. What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.

Can a defendant afford to spend time on a case?

Spend time on a case that a defendant cannot afford to spend. Defendants who can afford to hire a lawyer usually have jobs, and therefore lack the time (and energy) to devote to such time-consuming activities as gathering and examining documents, doing legal research, and talking to witnesses.

Can prosecutors be uncooperative?

By contrast, prosecutors may be uncooperative with self-represented defendants. Formulate sentencing programs tailored to a client's specific needs, often helping defendants avoid future brushes with the criminal justice system.

Do Innocent People Really Go to Prison?

If you’re like most Americans, you have probably been raised to believe in our system of justice – and you should. It is a remarkably efficient system of jurisprudence that has served us well for more than two centuries.

Trust the System?

Given those sobering facts, it should be clear that you cannot rely upon the system to protect your rights when you’re accused of a crime. The fact is that law enforcement personnel and courts around the country are overworked.

Why You Need a Defense Attorney

There are many different reasons why you should engage an experienced North Carolina defense attorney as soon as you know that you are facing criminal charges:

The First Few Minutes Can Determine the Rest of Your Life

So, what should you do when you realize that you’re being implicated in a crime? Regardless of your actual guilt, your first step should involve an invocation of your fundamental right to remain silent. Do not discuss anything with the police. In fact, limit your interaction to these four words: “I want a lawyer.”

Why should I hire a lawyer?

First, it is the State’s burden to prove guilt beyond a reasonable doubt. Just because you are guilty does not mean the State is capable of proving it. Even though you may believe that the State has enough evidence to prove your guilt and even though you may believe that you are guilty, those are judgments that require the careful evaluation of a skilled, experienced trial lawyer. A perfect example is when someone who is charged with assault believes that they are guilty because they did, in fact, hit another person but they actually did the act reasonably believing that it was necessary to protect a third person from harm. Most people understand self-defense but not everyone understands defense of others. In this example, despite hitting another person, no crime was committed.

Do you need a lawyer if you are guilty?

Assuming for the moment that you are guilty of a crime and that the State can prove it, do you need a lawyer then? Again the answer is that you should have an attorney by your side. There is frequently a great deal of discretion that a prosecutor has when they’re making a decision about what to do in a particular case. A skilled attorney may be able to negotiate an agreement that would avoid your ever having to plead guilty if you are willing to do community service, substance abuse education, or anger management classes to name a few alternatives. And even if you were to plead guilty, a good lawyer might be able to arrange a plea to reduced charges.

Felony convictions follow you for life

Court and prison time are not the only things to expect from felony charges. The repercussions have a far-reaching impact and can follow you for the rest of your life. Even if you don’t serve time, if you’re convicted of a felony, you can also lose your right to vote and lose your ability to obtain a decent job or find decent housing.

Reduced penalties

If you’re the main earner in your household, spending an extended amount of time in prison can be a real hardship on your family. That loss of income, and the problems you could face finding work and housing after your conviction, really add up.

Experience and focus

You may have the opportunity to work with a court-appointed public defender. Although the public defender may have experience with cases similar to yours, they often have large caseloads and may be spread thin. This means they’re sometimes unable to give you the attention you want and deserve.

Contact a Chattanooga Defense Lawyer

If you or someone you know has been charged with a felony, contact our criminal defense lawyers today at Speek, Turner & Newkirk.

What does a criminal defense attorney do?

A criminal defense attorney can help make sure your jury is as impartial as possible. The right to face your accusers. This means that you not only get to know who is accusing you but that you have the right to cross-examine them at trial. Effective cross-examination is extremely difficult for non-lawyers.

What would happen if a defendant did not have an attorney?

If the defendant did not have an attorney, there would be no one to guarantee that these rights have been upheld. The Sixth Amendment. The Sixth Amendment to the Constitution is another vital source of protections for criminal defendants. The Sixth Amendment provides some of our most fundamental and protected rights:

What does it mean to be a nation of laws?

In other words, to be a nation of laws means upholding the law even when we don’t like the outcome. If criminal defendants had to defend themselves, there would be almost no protection of their rights, giving law enforcement and the prosecution an unfair advantage.

What is the right to an impartial jury?

The right to an impartial jury. Your right to an impartial jury allows you to participate in the jury selection process, a critical phase of your trial. Otherwise, the prosecution could pack the jury with people who are more inclined to convict you than not.

What happens if you are out on bail?

If you are out on bail, this right protects you from having charges hanging over your head for an unreasonable amount of time. An experienced criminal defense attorney will work to ensure that the prosecution does not create unnecessary delays in bringing your case to trial. The right to be represented by counsel.

How to charge someone with a serious crime?

In order to charge you with a serious crime, the prosecution must first persuade a grand jury that there is sufficient evidence to support the charge. This prevents prosecutors and law enforcement from frivolously or maliciously charging you with crimes they have no chance of proving just to harass you.

Why is innocence important?

Because You Are Innocent Until Proven Guilty. While not expressly set forth in the United States Constitution, the presumption of innocence is one of the most fundamental rights in Western Civilization. The prosecution must prove that you are guilty – it isn’t enough to simply charge you with a crime. Criminal defense lawyers represent the accused ...

Why is it important to have a lawyer for criminal defense?

For this reason, the most important thing when seeking criminal defense counsel is to find a lawyer who takes their legal responsibility seriously, and will do all they can to mount a thorough defense in your favor.

Why do lawyers defend people?

Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel. Lawyers are bound to deliver this legal right to their clients.

What is the difference between legal guilt and factual guilt?

First, there is a difference between "legal guilt" and "factual guilt.". Second, lawyers have a legal responsibility to their clients that they must uphold.

What is the duty of a defense lawyer?

According to Canon 7 in the ABA's Model Code of Responsibility, a defense lawyer's duty to his client is to "represent his client zealously within the bounds of the law" because of his inclusion in a profession whose goal is to " (assist) members of the public to secure and protect available legal rights and benefits.".

What is the job of a criminal defense lawyer?

The job of a criminal defense lawyer is to defend you against the charges that are presented. When charges are brought, there only has to be "probable cause" that you might have committed the crime. At trial, the prosecuting lawyer's job is to prove "beyond a reasonable doubt" that you've committed the crime for which you're being charged.

Why don't criminal defense lawyers ask if you are guilty?

The reason most criminal defense lawyers won't ask you if you're actually "guilty" is that it's not relevant to the case. Also, it's not their job to find out. Their job is to defend you, and put up a fair case. As one attorney put it, their job is to "keep the system honest.".

What does "putting the burden of proof upon the prosecution" mean?

Putting the burden of proof upon the prosecution means the point of trial is all about either proving or failing to prove that you're guilty of the crime that's been charged - not knowing whether or not you're actually guilty.