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Depending on where you stand, a criminal defense attorney can either be society’s hero or its own
worst enemy. Alleged murderers, minor offenders, arsonists--these lawyers stand
by their accused to defend their constitutional rights and make sure that they
are given due process in court. All this is done despite bystanders’ opinion of
their client’s guilt.
At the get-go, this may sound like a job that
is not for the weak of heart – and you are correct to posit this. The main goal
of a criminal defense attorney is to rally for a fair trial for their clients,
but let’s shift the focus on them in this article. Here’s a general process of
how they do their job in the USA--from case assignment to the final sentencing.
First step: Case
assignment
A criminal defense lawyer can either be hired
by their defendants or appointed by the court. In most cases, a criminal
defense attorney gets contacted directly by their defendant to represent them
in court.
However, other lawyers who work for the public
defender’s office get assigned by their local or federal courts.
Second step: Interview
with the client
Once a working relationship has been
established, the defense lawyer then gathers all the facts about the case.
He/she will interview the client, asking as many specific questions as they
can. Once they are satisfied with the facts that they have gathered, only then
will they work on a possible defense based on the merits of the case. This is a
comprehensive and exhaustive step for both the defender and the defendant.
Third step: Case
investigation
By this time, the defense lawyer should have
gathered enough know-how about the case. Still, this isn’t enough, and he/she
must conduct their own queries, investigating every possible avenue in the
case. This includes going to the police for clarifications, interviewing
witnesses, etc. All of this is done to make sure that they build a solid case
to acquit their client.
Fourth step: Review
legal theories that apply to the case
Once all the information has been gathered, a
defense attorney then takes stock of all the legal theories that possibly apply
in the case. He/she will review the laws that apply and other previous rulings
that held in court.
Fifth step:
Assistance in jury selection
Essentially, jurors should not have biases or
cause for impartiality towards the case--and a criminal defense attorney has to
make sure of this. They will carefully de-select jurors who they think might
not give their clients a fair trial. All this is done through a combination of
due diligence and a strong gut feeling on the lawyer’s part.
Sixth step: Making
plea deals
A plea bargain is when a lawyer tries to come
up with a favorable deal for both parties involved in the case. This should, in
most cases, result in the reduction of the charge or lesser jail time for their
client.
Seventh step: Trial
Now comes the part we often see on TV: the
trial. Contrary to what the networks would have you believe, there is rarely
any court drama involved here. It is mainly a calm presentation of facts and
proof from both parties.
Eighth step:
Sentencing of the crime
A lawyer, whether or not his/her original plea
bargain has been accepted, will likely discuss all possible avenues for
acquittal and terms of incarceration. Their goal is to make sure that their
client and everyone involved have considered all possible alternatives for the
sentencing.
These are the eight steps that most criminal
defense lawyers go through once they take on a client. Of course, in the duration
of these steps, they should keep in constant communication with their clients
to update them on any developments in the case.
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