Criminal Lawyer Specializing in Defense

A criminal lawyer is a legal representative that helps people and companies that have been charged with a crime. In many cases, the client calls an attorney to help him if he is faced with criminal charges, is arrested in connection to a crime or faces an investigation related to a crime.

Responsibilities

The defendant is entitled to being presumed as innocent until proven guilty. This means that the attorney who will be defending him will employ different legal techniques to makes sure that his client has as many options as possible when it comes to clearing his name and not being accused of a crime. When the client is arrested, it does not necessarily mean that he or she is found guilty of the crime. It just means that there is a suspicion that the client may be related to it. An investigation is usually launched when there is no person who is charged with the crime as yet. It is also possible for the criminal lawyer in charge of the defense to initiate their own investigation in order to suppress any charges from being filed against his client. During this investigation, the attorney should be able to gather enough evidence and witnesses that can help the client. In the United States of America, the defendant should be proven guilty beyond reasonable doubt on order for him to be imprisoned for the crime. Usually a judge decides for the court but if a felony is committed, it requires a jury of several members to decide the fate of the defendant.

Included in the many responsibilities of the criminal lawyer, is the pursuit of determining whether any laws were broken when his client was arrested, charged with the crime or during the gathering of evidence for the crime. This means reviewing the evidence and the reports for any constitutional violations that may have occurred. The defendant has rights that need to be protected and upheld during the entire process. If there may be any constitutional violations, it is possible that the case can be negotiated outside of court or even before it is presented in court. A plea bargain may be an option for the client is he or she allows the attorney to present it to the judge or the prosecution.

Other responsibilities of the criminal lawyer in charge of defending his client are to make motions for the case to be dismissed if there are any anomalies or violations and to look for any chances of the case being declared a mistrial if there are any possibilities. The goal is to prevent a conviction or to go for the least sentence that can be given in equivalent to the crime that the client is accused of. The attorney will make drafts and finalize the necessary paperwork needed by the court as well as represent his client in any hearings or invitations to questioning that may come from the investigators of the case. He will also counsel his clients regarding the best option for his best interests.