How A Criminal Defense Lawyer Protects Clients

Being charged with a serious crime such as extortion or assault can quickly cause problems in a person's personal and professional life. But criminal defense lawyers can help individuals navigate the legal system while protecting their rights to fair treatment under the law. Attorneys can also make sure the accused do not make any innocent mistakes because they are unfamiliar with the legal system.

Once suspects are taken into custody, they have to appear in court for an arraignment. Attorneys can help them understand the consequences of entering a plea of guilty or not guilty. Their attorneys can also argue to have the judge release their clients or allow them to post a small amount of money for their bail.

Next, the court holds a preliminary hearing. This is sometimes referred to as a mini-trial, because both sides can present evidence and witnesses. The judge then decides if, based on the evidence, a reasonable group of jurors would find the defendant guilty. If so, the magistrate sets a date for the trial. Both sides can also work out a plea bargain if the defendant wants to make a deal for a reduced sentence to avoid the possibility of getting a harsher one from a jury.

To determine what evidence will be allowed in the trial, a pretrial motion hearing is held. Prosecutors and defense lawyers argue before the magistrate about the kind of testimony that can be used to influence jurors. For example, if the accused gave a confession under duress, then their attorneys can challenge it and have it dismissed.

Members of the defense team start putting together their plan on how to present their case and challenge the prosecution's evidence. In the first phase, they give their opening statements. They must also be familiar with the prosecution's presentation, so they can quickly object to anything they feel is improper. When it is their turn, they challenge the state's evidence with witnesses of their own. Once they rest their case, the judge turns the case over to jurors so they can reach a verdict.

If the jury finds the defendant guilty, then the judge will set a date for the sentencing. Depending on the law, the defendant could be given anything from probation, to a life sentence in prison. In the most serious cases such as murder, some states or countries even allow the death penalty. But, the sentencing phase may not be the end of the case. If their lawyers believe legal mistakes were made by the court, they can immediately start preparing an appeal.

Defense attorneys start an appeal to a higher court by submitting a legal document, called a brief. The brief outlines their reasons why the conviction should be thrown out or the sentence reduced. No new evidence can be presented, only the record of the trial can possibly be challenged. The appeal must be done soon after the sentencing to avoid any delays. Prosecutors also file their own brief to defend the conviction and sentence.

Being charged with a serious crime can be devastating and it can ruin the person's personal life and career and could also ruin them financially. Having competent legal advise can help anyone suspected of breaking the law defend themselves and help repair the damage from the allegations.