A lot of work must be done if you or someone close to you gets arrested before appearing in the first court. The top of your to-do list is hiring the best professional lawyer to help you out in the legal proceedings.
What is the function of a criminal defense attorney?
A criminal defense lawyer represents all accused individuals. The primary role of these attorneys is-
- Providing advice and all details to the defendants about the whole legal process
- Protecting the client’s rights and ensuring it every time
- Ensuring the dropping of charges against the defendant or working to lower them altogether by negotiations
- Interviews police and conducts a pre-trial investigation and deals with witnesses and parties.
- Evaluate evidence and proof against defendants and ensure they are legally obtained
- Obtaining witnesses like polygraphists, medical specialists, and other experts on behalf of the defendant for testifying
- Helping in minimizing the penalties by negotiating with the prosecutor
- Challenging procedural errors and seeking dismissal of charges due to unreliable testimony
- Rebut prosecutor’s arguments by presenting all evidence
- Challenges the prosecutor’s questionable assertion of facts
Having someone who can be your biggest ally by examining your case from all angles can mean a lot in your case, as it saves you from a harsh sentence. The lawyer protects your legal rights and even looks for proof that the police might miss. A criminal lawyer also searches for signs which show unfair treatment to the defendant by the justice system.
You should hire a criminal defense attorney before getting arrested or before your arraignment, which is your first court appearance.
How criminal lawyer helps a defendant?
Criminal defense attorney prepares for the defendant’s arraignment that usually takes place within forty-eight hours of arrest. In this time interval, the lawyer will speak with the witness, examine all the evidence, preserve all the proofs that may be missed or left behind by the police, negotiate the bond, argues for the release of the defendant, or negotiate for lesser penalty and shorter sentence.
Bail
A defense lawyer takes immediate actions in the first case, which might not be possible if the case progresses. They ensure that the rights of the defendant are not violated. They also seek bail from the Supreme Court and other courts, which is a temporary release of the defendant and allows them to prepare for the release. Examples-
- Transfer Petition in Supreme Court Anticipatory Bails from Supreme Court
- Filing Special leave petition
In addition, the defense lawyer counsels the defendant on different arguments and strategies and explains the benefits and drawbacks as well. They try to understand the events from the defendant’s version and works with other witnesses as well.
The defense lawyer help to advise on whether a plea agreement can be accepted or whether the jury trial should be waived. Which witnesses should be called and how they should be examined lies on the defense lawyer’s decision? They can also seek a biased juror to remove from the jury panel if the lawyer determines that jurors are biased against the defendant.
Before trial proceedings
The defense lawyer is present with you when the police interview and investigation takes place. The defense counsel asks the police to take necessary steps that they believe to be relevant such as DNA traces, video surveillance recordings, fingerprints, etc. All the relevant details of the criminal case are complied with by the police, and the defense lawyer is entitled to get a copy of it.
During trial proceedings
After a police investigation, the further course of action is decided
by the prosecution service. If there is enough evidence for your
conviction, then the prosecutor will bring formal charges. The defense
lawyer assists you in trial proceedings and asks you questions along
with witnesses. They highlight cases in favor of you so that you aren’t
found guilty of charges or can be given a lenient sentence if you are
convicted.
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