What does a criminal defense attorney actually do?
When someone is charged with a crime, it can be difficult to know what their attorney is actually doing behind the scenes. Criminal defense is much more than appearing in court on the day of a hearing.
A criminal defense attorney can:
1. Investigate the case
Your attorney should not simply rely on the police reports. That can mean interviewing witnesses, reviewing video and other evidence, visiting the scene, and looking for information that may support your defense.
2. Review the State's evidence
The defense has a right to receive discovery in a criminal case. Your attorney reviews that evidence to understand the State's case and identify weaknesses, inconsistencies, and potential legal issues.
3. Protect your rights
An attorney can identify potential violations of your constitutional rights, including issues involving searches and seizures, Miranda warnings, statements to police, and other government conduct.
4. Challenge the State's case
Depending on the circumstances, your attorney may file pretrial motions, challenge the admissibility of evidence, cross-examine witnesses, and make legal arguments on your behalf.
5. Negotiate with the prosecutor when appropriate
Not every case goes to trial. Depending on the facts and circumstances, an attorney may negotiate with the prosecutor regarding potential resolutions, including reduced charges, sentencing recommendations, or other agreements. Your attorney can help you understand the advantages and disadvantages of any proposed resolution so you can make an informed decision.
6. Explore available programs and alternatives
Depending on the offense, your history, and the county where the case is pending, there may be programs or alternative resolutions available. An attorney can determine whether you may qualify and advocate for your participation when appropriate.
7. Advocate for you at every stage
Criminal cases involve more than just a trial. Bond hearings, preliminary hearings, status conferences, motions, plea hearings, and sentencing can all have important consequences. Having effective representation at each stage matters.
8. Prepare for sentencing
If you are convicted or enter a plea, your attorney can advocate for an appropriate sentence and present information about your circumstances, character, rehabilitation, and other factors that may be relevant to the court.
9. Prepare for trial when necessary
If your case goes to trial, your attorney should be prepared to question witnesses, present evidence, make objections, and hold the State to its burden of proving every element of the offense beyond a reasonable doubt.
Being charged with a crime is serious, but you do not have to navigate the criminal justice system alone.
Freeman & Johnson Law Office is experienced in criminal defense and will be there for you through every stage of your case.
