The Role of The Criminal Defense Attorney

By | May 2, 2014

A criminal defense lawyer, also referred to as a criminal defense attorney, or in some cases, public defenders, are highly educated and trained legal professionals charged with defending people who have been charged criminally by law enforcement or the district attorney.

The highest earning criminal defense attorneys run their own businesses which are often referred to as private practices while other criminal defense lawyers may be employees by the state or jurisdiction as a public defender.

The Government Must Provide A Criminal Defense Attorney

If a person can not afford to hire a criminal defense lawyer on their own, then (by law) the state must provide counsel for them. In some states, private law firms are selected to handle cases otherwise suited for a public defender. (While we’re on the topic of public defenders, see this blog which is administrated by an experienced public defender.)A criminal defense attorney may win your case.

When you retain a criminal defense attorney to represent you on a criminal case you are hiring a person who will review the details and police reports from your arrest, conduct their own investigation on your behalf, and work to select a jury that will likely relate to you, your circumstances, and your case.

Just because you were arrested doesn’t mean you are guilty, and doesn’t mean that mistakes were not made during your arrest. One of the main ways lawyers get cases thrown out of court is due to technical reasons. An example of a case being thrown out of court for technical reasons may include the following;

  • The District Attorney Dropped The Charges,
  • The Judge Threw out The Case Due to Lack of Evidence,
  • Lost Evidence,
  • You Constitutional Rights were violated,
  • The Double Jeopardy Legal Standard Was Violated,
  • Police Made Mistakes During The Arrest.

More on The Role of The Criminal Defense Attorney

Even if you haven’t been arrested, but you know you are under investigation, it may be a good idea to put a criminal just lawyer on retainer. Having an attorney on your team may come in handy when you know you are under investigation by authorities in the manners listed below.

  • Help with dealing with police.
  • Dealing with press and news reporters.
  • High profile matters.
  • Dealing with investigators and private eyes.
  • The presentation of exculpatory evidence.
  • To ensure your constitutional rights are not violated during the process of any police or federal investigation.

Any criminal defense attorney who is worth their salt will have a strong knowledge and awareness of the constitution and an understanding of its applications in the reality of life on the ground dealing with accusations from the state that you committed a criminal offense.

The smart lawyers spend an inordinate amount of time looking for ways to have a case dismissed on Constitutional grounds. That, and the aforementioned Double Jeopardy protection and a good criminal defense lawyer can see his client walk for a crime as heinous as murder, of a the basis of a technicality.

If there aren’t any Constitutional violations, then you’ll be looking at taking the case to trial.

One criminal justice lawyer in Texas took a case to trial for the lady that murdered her boyfriend with a stiletto heel. I think she should have plead out because she put the lawyer in between a rock and a hard place.

By the third time she stabbed him in the neck he should have been subdued enough for her to get herself out of danger. But no, she keeps stabbing. When you need help with matters involving criminal charges be sure to hire a criminal defense attorney, if you know you are guilty be realistic with your expectations and your demands. It could mean the difference between serving 5 years for manslaughter, of life imprisonment for murder.

The Role of The Criminal Defense Attorney

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