Every adult has a basic understanding of who a defense attorney is. However, when facing a criminal charge, you will want to understand what they do. This guide looks into the definition and roles of defense attorneys, when you need one, and everything else you need to know about defense lawyers within the context of Washington, DC.
What Is a Criminal Defense Attorney?
Criminal defense attorneys focus on criminal law. They represent individuals facing criminal charges but can also work with individuals or businesses to ensure their actions do not violate the law.
Criminal law is pretty broad, and most lawyers pick an area to specialize in. For example, one lawyer could have sex crimes as their area of focus, while another could have drug crimes. An experienced criminal defense lawyer like David Benowitz can help you gather evidence, identify legal issues, and present a strong defense strategy.
Must You Have a Lawyer When Facing a Charge?
The Sixth Amendment of the US Constitution guarantees all defendants the right to legal representation. Even when defendants cannot afford a lawyer, the court must assign them a public defender unless they waive their right to one.
A public defender is a lawyer on the state payroll whose primary role is representing defendants who cannot afford to hire a private lawyer. Having a public defender to represent you, while better than not having one, isn’t anywhere close to what you get when you hire a private lawyer. Public defenders usually have huge workloads and can only assign minimal time for your case, which can adversely affect your outcomes.
What Does a Criminal Defense Lawyer Do?
Most people know about a lawyer’s role in representing their clients in court. While that’s the primary role, there are many other responsibilities that most people do not get to see. For example, lawyers spend many hours investigating, which can mean gathering evidence, reviewing the prosecution’s evidence to look for inconsistencies, speaking to eyewitnesses, and sourcing expert witnesses.
Besides investigations, they offer legal advice that helps the defendant avoid getting into deeper trouble in court. For example, they offer guidance on how to answer questions or respond to questions whose answers they are unsure of, or suggest the right course of action based on the circumstances of the case. For example, they can guide you into when to take a deal or push through to trial.
The outcome of your case is not the end of the road. If you believe there was a miscarriage of justice in your initial trial, a lawyer can help you through the complex appeals process.
What to Look For In a Defense Attorney
First, you will want to go with experience. The more years of practice a lawyer has, the better job they will do. Secondly, you will want to look at their area of focus. For example, if you are facing a drug charge, a lawyer whose practice focuses on drugs will be the best choice for you. Lastly, pay attention to their geographical region of practice. Pick a lawyer based in the state or, even better, the city where you are facing charges for two reasons. They will have better insight into local laws, and you can reach them easily when needed.
Conclusion
A defense attorney plays a critical role in safeguarding the rights and freedoms of individuals facing criminal charges. From conducting thorough investigations and analyzing evidence to providing strategic advice and courtroom representation, their responsibilities go far beyond what most people see. Whether it’s negotiating a plea deal or preparing for trial, a skilled defense lawyer is your advocate in navigating a complex legal system. While public defenders are available to those who can’t afford private counsel, the value of dedicated, experienced representation, especially from someone familiar with local laws and court procedures, cannot be overstated. Choosing the right attorney can significantly impact your case, potentially reducing charges, avoiding harsh penalties, or even achieving a dismissal. Understanding what defense attorneys do helps you make informed decisions when you need legal assistance.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
