Criminal defense attorneys are responsible for upholding an individual’s constitutional rights during criminal justice proceedings, such as protecting their Fifth Amendment right against self-incrimination and their Sixth Amendment right to legal representation. They must investigate their client’s cases, gather any necessary evidence against them, and negotiate deals with prosecutors to reduce punishments as much as possible.
Constitutional Rights
The Constitution protects individuals who have been charged with criminal offenses. Many of these rights can be found in the Bill of Rights, such as freedom of speech and jury trial, protection from self-incrimination, due process, etc. The primary role of Berry Law criminal defense attorneys is to defend these constitutional rights at every stage of the legal process. This requires ensuring that authorities follow proper procedures and do not use methods violating suspects’ legal rights. By statute or rule, all jurisdictions should ensure that individuals detained or confined can obtain prompt and affordable legal representation throughout a criminal investigation, prosecution, or quasi-criminal proceeding such as habeas corpus. This also means providing secure means of communication that remain confidential and unmonitored – defense counsel should only disclose protected confidences to their client or authorized representative.
Bail
TV and movie audiences often witness criminal defense attorneys passionately arguing their clients’ innocence before juries. However, this only represents part of what criminal defense attorneys do daily; many also work behind the scenes to safeguard client’s rights during crucial legal processes. Beginning by meeting with their clients and reviewing charges and evidence against them, then listening to and sharing stories about what has occurred, they build a solid understanding of each case before beginning work. Your attorney can assist your client by ensuring a reasonable bail amount during an arraignment hearing and highlighting weaknesses in the prosecution’s case (e.g., reducing felony to misdemeanor status). They may even work towards getting all charges against their client dropped altogether.
Plea Deals
Plea bargains are a standard method for resolving criminal cases without going to trial. Usually, an accused will agree to plead guilty to one charge in exchange for dropping others or offering more lenient sentencing options from the prosecution. Though not mandatory, entering a plea deal could make sense if you wish to avoid an expensive trial that may end in prison time if found guilty. However, before making this decision alone, consult a criminal defense attorney experienced with your case first. Most judges approve plea deals to speed up court cases and reduce backlog.
Trial
Criminal defense attorneys represent their clients by researching the facts of the case, reviewing police reports and evidence, negotiating with prosecutors, and appearing before courts as legal defense representatives to defend against criminal charges. When a criminal trial commences, a prosecuting attorney will present the state’s case against an alleged perpetrator. While it may seem that they are working against you, their duty lies with protecting society and the law – they must prove beyond any reasonable doubt that their defendant committed an offense. Both the prosecutor and defense attorney will make opening statements before calling witnesses to testify and answer direct examination questions under direct examination. Under the Sixth Amendment, defendants can confront and cross-examine witnesses while receiving a fair trial. Finally, the jury will rule regarding the guilt of the crime committed and whether sentencing should occur accordingly.
