What Does a Criminal Lawyer Do?
Posted on August 12, 2019 1:00 PM EST
The majority of clients at DMT find themselves in the criminal justice system for the first time in their lives. For them, the experience is stressful and a life altering event. The majority of people do not know the role of a criminal defense attorney other than what they have seen on TV. Most only know that they defend someone who has been charged with a crime. In certain terms, that is a correct synopsis. The role of a criminal defense lawyer is to do exactly that, but there are certain procedures and protocols that must be followed to reach a satisfactory result in a criminal case. What is a satisfactory result? That always depends on the facts and circumstances of a particular case. Let's answer the question. What does a criminal defense lawyer do?
A criminal defense attorney will only begin to work on a case after a retainer has been agreed to and a retainer agreement executed by all parties. If an individual does not have the required resources to hire a particular lawyer, have no fear. Lawyers have different fee requirements and payment plans. If a person just does not have the resources to hire an attorney, every jurisdiction has a public defender's office which will represent indigent individuals. For those with the financial means to retain a private defense attorney, they should seek the assistance of an experienced lawyer as soon as possible. The sooner the attorney can begin investigating the case is best for obtaining a good result. As time passes by, evidence sometimes becomes unavailable. For instance, security and surveillance video is usually held for a short period of time or taped over. These videos are sometimes excellent in exculpating a client.
Hiring privately retained counsel is usually the preferred option. Public defenders are excellent lawyers but are most times overburdened by very large caseloads, especially in Miami. If you are seeking personal attention and day-to-day progress reports on your case, then a private attorney will be best suited for you. Good criminal defense attorneys can be costly, but just because you are paying a lot of money does not necessarily mean that you will get the best result in your case. It is recommended that an individual seeking a private lawyer does background research and looks at the past results of the attorney that is being considered for the job. Just because a lawyer has been practicing for a long time and is charging a lot of money does not necessarily mean that is the right lawyer to defend the case. Donet, McMillan & Trontz recommends that a person charged with or being investigated for a crime interviews three lawyers before making a decision. Once you have a found a lawyer you like and can afford, going with your gut instinct is usually the way to go.
Once you have selected a criminal defense attorney, they should meet with the client immediately to come up with a detailed defense strategy. That strategy may change during the pendency of the case, but that is the place to start. Do not be surprised if the lawyer asks you for assistance with your case. After all, it is your case and you have the most knowledge of the facts surrounding your case. You may feel like you are being cross-examined which may make you feel uncomfortable. Remember, your lawyer needs to know everything you know to mount a successful defense. There can be no surprises for your lawyer. This is the time to open up and answer all of the questions as thoroughly and accurately as possible, which can help your chances for a successful defense. Remember, there is an attorney-client privilege which means your lawyer can not disclose any of the information you provided without your consent.
Another hat worn by your criminal defense attorney is that of an investigator. Besides asking the criminal defendant numerous questions about the case, the criminal defense attorney will zealously investigate the matter to determine if there is anything that can be uncovered which will lead to a great result. Your defense attorney will interview law enforcement officers, issue subpoenas, and collect video and audio surveillance that may exist. The lawyer should meet with defense witnesses and consider hiring experts witnesses to handle technical parts of the defense.
Your criminal lawyer will carefully go over the evidence against you, weigh the strengths and weaknesses of the case, and work to build a strong defense based on the evidence. Under the right circumstances, your criminal defense attorney may find a way to get evidence thrown out. All of this has to be done before your case goes to trial.
While your case is pending, your defense attorney will avail you of the plea bargaining process. This does not mean you will have to take a plea. It is just part of the process as the case is being prepared for trial. Remember, no one has to take a plea or can be forced to take a plea. A good attorney will provide the client with several options and provide advice regarding the resolution of the case. Ultimately, it is the client's decision how a case will be resolved. The attorney will merely provide his or her opinion and provide advice regarding the pros and cons of accepting a plea or going to trial.
In the event, an individual is found guilty, either after accepting a plea or going to trial, the lawyer will be there for the sentencing phase. A good lawyer will find ways to reduce any time of incarceration or find alternatives to incarceration.
What does a criminal lawyer do? As you can see, there are many components that need to be addressed in order to provide a strong defense and a great result in a criminal case. That's why the criminal defense lawyer you choose is so important. When you need a lawyer, contact the team of Donet, McMillan & Trontz. We are the Miami Criminal defense attorneys
you need when you are facing criminal charges and looking for the best criminal defense team you can find. We offer free consultation and are happy to discuss the details of your case. Together, our firm has 60 years of experience combined. At Donet, McMillan & Trontz we offer outstanding representation to individuals who have been charged with a criminal offense. We provide trusted legal counsel to clients from all walks of life. We have achieved favorable results for a range of clients, including undergraduate and graduate students, professionals, doctors, lawyers, and businessmen whose careers have been jeopardized by a criminal prosecution. Give us a call at (305) 444-0030
and let a team of legal professionals handle your case.
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