Understanding the Role of a Defence Attorney in Court

• William Gall

Do you really know what a defence attorney does in court?

You may think you do…but..

There are currently over 252,000 practicing criminal defense lawyers in the United States.

The role of a criminal defense attorney is more important than you might think.

But

Nearly 90% of federal defendants are represented by court-appointed counsel. That’s right. 9 out of 10 individuals who face federal criminal charges depend on criminal defense attorneys to fight for their rights and freedom.

But what do these attorneys do exactly?

How do they prepare a criminal defense case to get results for their clients?

Read on to learn more…

What you’ll learn:

• The Core Role of Defence Attorneys
• How Defence Attorneys Prepare a Case
• Types of Defence Representation
• Court Proceedings

The Core Role of Defence Attorneys

Defense attorneys do more than show up in court…

The job of a defence attorney actually starts way before you ever walk into a courtroom. These attorneys provide a service that allows you to defend yourself against the full might of the federal government and federal criminal law. If you’re facing federal criminal charges, you need that protection. You really do.

The job of every defence attorney is to protect your constitutional rights and due process under the law.

The right to remain silent, the right to a fair trial, and the right to effective legal representation are all protected by the U.S. Constitution.

But that’s not all that defense attorneys do…

A good defence attorney also thoroughly investigates your case.

They look at the evidence, interview witnesses, and find any weaknesses in the prosecution’s case. This is like detective work for lawyers. It can make or break your defense strategy.

When you hire one of the best top-rated criminal defense law firm attorneys, you get more than just legal advice. You gain access to resources that can help improve your case results. The best law firms have investigative teams and expert witnesses needed to fight a prosecution case.

How Defence Attorneys Prepare a Case

Preparation is key…

Every successful defense strategy begins with these essential preparation steps.

Let’s break these down…

Defense attorneys review all evidence the prosecution has against you.

They talk to potential witnesses who may support your defense. They research laws and past cases related to your charges. They develop a defense strategy based on your unique situation.

Only 2% of criminal defendants go to trial.

The other 98% plead guilty or have their charges dismissed.

This number may surprise you.

It shows that negotiating a good deal is often the most important skill for a defense attorney. Most of the time, they work behind the scenes to get charges dropped or reduced as much as possible.

Skilled defense attorneys know how to:

• Negotiate with prosecutors to reduce charges
• Identify procedural errors to dismiss a case
• Challenge evidence obtained illegally
• Argue for alternative sentencing options

Types of Defence Representation

Not all defense attorneys are the same…

There are two main types of criminal defense attorneys. Choosing between them could be the difference between freedom and prison.

Public Defenders

Public defenders are lawyers who represent you in criminal court for free. They work for the government and help people who can’t afford private lawyers.

Public defenders are real pros at what they do. They know the local court system inside and out.

The problem is public defenders have a lot of cases. Often too many cases.

This means they may not have time to focus on each case as much as they would like. They still do their best though. Recent statistics show that public defenders achieved a 35% success rate compared to just 13% for private criminal defense attorneys in recent years.

Shocking, right?

Private Defence Attorneys

Private defence attorneys work in private law firms. They get paid directly by clients to represent them.

Private defense lawyers usually handle fewer cases than public defenders. This means they can give more time and attention to each client’s situation.

Hiring a private attorney has benefits like:

• More time for your case
• Access to private investigators and other resources
• Choosing an attorney with experience in your specific charges

What Happens During Court Proceedings

Courtroom proceedings can be scary….

But if you know what to expect it’s not so bad.

A defence attorney is your voice and your advocate throughout every stage of the legal process. From your arraignment hearing to trial (if it gets that far) your attorney is on the front lines fighting for you.

During court proceedings, your attorney will:

• Enter pleas on your behalf
• Cross-examine witnesses for the prosecution
• Present evidence and witnesses to support your defense
• Make legal objections to protect your rights

Do you know what the conviction rate is for federal crimes?

Over 99%. You read that right. The person facing federal charges in criminal court only has a 1 in 100 chance of success.

That’s how important it is to have a skilled defense attorney.

To be part of that 1%.

The Investigation Process

Every strong defense has an investigation behind it…

Defense attorneys investigate by:

• Reviewing police reports for mistakes or omissions
• Examining physical evidence for chain of custody issues
• Interviewing witnesses the prosecution may not have found
• Looking for alternative explanations for the crime

A thorough investigation by a defense attorney can often find evidence the prosecution missed. It can even lead to charges getting dropped.

Plea Negotiations and Trial Strategy

Most cases never even make it to a jury…

Only a small fraction of defense cases actually go to trial. This is because good defense attorneys know how to negotiate. They work with prosecutors to reach a plea agreement that minimizes consequences for their clients.

But when cases do go to trial, your defense attorney’s courtroom skills become critical. They present your case to create reasonable doubt in the minds of jurors.

Protecting Your Constitutional Rights

This is where defense attorneys really shine…

The U.S. Constitution provides certain rights to all persons accused of a crime. It’s the job of your defense attorney to make sure those rights are protected throughout your case.

The following constitutional rights are critical to a criminal defense case:

• The right to remain silent (Fifth Amendment)
• The right to legal representation (Sixth Amendment)
• Protection against unreasonable searches (Fourth Amendment)

When police violate these rights, a skilled defense attorney can get that evidence thrown out of court or have the charges against you dismissed.

The Importance of Early Representation

Don’t make the mistake of waiting too long to get an attorney involved in your case…

Many people think they don’t need an attorney until they’ve been formally charged. That can be a mistake.

The earlier a criminal defense attorney is involved in a case, the better. Defense attorneys can often prevent charges from being filed and begin an investigation while evidence is still fresh.

Wrapping Things Up

This should give you a better understanding of what a criminal defense attorney does. These legal professionals provide a service that allows individuals to defend themselves against criminal charges. That’s more than just showing up in court to argue.

Defense attorneys do far more than that. They investigate, they negotiate, and they fight for your rights at every stage of the legal process.

And please remember.

Conviction rates for federal crimes are higher than 99%. Faced with those odds you need to have the most experienced attorney available. It’s not optional. It’s a matter of your freedom.