How a Defense Attorney Protects the Rights of the Accused

Defense attorneys play a critical role in criminal cases by ensuring that a defendant's rights are protected and upheld throughout the proceedings. They investigate and uncover relevant evidence and facilitate fairness during negotiations and trials. Their counsel and legal insights allow them to seek justice for their clients.

To schedule a consultation with one of our Los Angeles lawyers, please call Lessem, Newstat & Tooson, LLP at (800) 462-7160 or contact us online today.

The Role of a Defense Attorney in a Criminal Case

A defense attorney is key in any criminal case. They look out for their client's best interests and ensure a fair trial process. Instead of attempting to prove innocence, already presumed by law, the lawyer’s job is to present counterarguments to cast doubt on the prosecutor's case. This is critical. After all, if the prosecutor can't prove guilt beyond a reasonable doubt, a judge or jury can't convict the defendant of the crime.

Besides presenting arguments during negotiations or in court, defense attorneys advise and guide their clients before trial. From how to respond to investigators’ questions to how to testify in court, lawyers give much-needed counsel during one of the most trying times of a person's life. They will be there for their clients, fighting toward a fair outcome.

Understanding the Rights of a Criminal Defendant

Criminal defendants are afforded various rights that must be upheld throughout the legal process.

Below are some of these protections:

  • Defendants have the right to remain silent when questioned, allowing them to avoid self-incrimination.
  • They are also entitled to a fair trial where evidence can be properly presented and assessed.
  • Furthermore, defendants have the right to confront witnesses that may testify against them in court, allowing them to question the witness’s credibility and trustworthiness.
  • Finally, defendants have the right to legal representation from either publicly funded legal aid if they cannot afford it themselves or a private attorney versed in criminal law.

It is vital for anyone facing criminal charges to know their rights as a defendant to facilitate a fair process and avoid any injustices during their case. If the individual’s rights are violated, they could seek remedy from the court.

Investigating the Case and Uncovering Evidence

Investigating a case and uncovering evidence is crucial for the defense attorney. Starting with a conversation with the defendant, they gain insight into what happened, allowing them to begin forming their legal strategy.

Next, they make a discovery request, asking the prosecution for any related evidence the prosecutor may have concerning the case. After assessing the information and identifying weaknesses, they do their own investigation. This can include interviewing witnesses, collecting new evidence, and looking into relevant laws – whatever it takes to build a compelling defense argument.

A thorough investigation can go a long way in protecting the client’s rights and seeking a just resolution.

Facilitating Fairness During Negotiations and Trial

Facilitating fairness during negotiations and trial is a priority for defense attorneys. If they believe the evidence against the defendant is too strong to make a case, they might consider striking a plea deal with the prosecutor. This involves negotiating an outcome that may be more favorable than could have been received at trial.

Plea deals might include an agreement from the prosecutor to do any of the following:

  • Drop one or more charges
  • Pursue lesser charges
  • Recommend more lenient sentencing

In exchange for any of the above, the defendant would have to plead guilty to charges. The defense attorney assesses the strength of the evidence to determine whether the prosecutor’s offer is fair.

The case goes to court if a bargain can’t be reached. Before the trial starts, the defense attorney participates in the jury selection process to ensure that an impartial panel of peers hears the defendant’s case. During the trial, the lawyer will cross-examine witnesses and challenge any questionable practices by the prosecutor.

Choosing a Defense Lawyer for Your Case

Choosing the right defense lawyer for your case is crucial. After all, they will be integral in protecting your rights and pursuing an optimal outcome.

When selecting a defense lawyer, consider some of the following:

  • Firstly, find someone responsive. You want to ensure that your attorney takes the time to answer your questions or concerns.
  • Secondly, look for someone who practices criminal law and has experience with cases similar to yours.
  • Finally, pick a lawyer who knows their way around the local court processes. Knowing how things work in your jurisdiction can be invaluable when challenging formidable opponents.
At Lessem, Newstat & Tooson, LLP, our Los Angeles team helps clients through various criminal matters. Schedule a consultation with us by calling (800) 462-7160 or submitting an online contact form.