How a criminal lawyer gets the case?
A criminal lawyer is either approached by the client directly or the court of law assigns a case to them. The court of law can be federal, state or local court. In such scenarios, they act as public defenders where the office of public defender pays them. Then there are lawyers who work under private firms. There are a number of criminal defense lawyers running their own legal office. Often the criminal lawyer gets paid less if he is directly appointed by the legal court. Apart from less pay out, they often have to handle a lot of case work load. A court may also assign a private criminal lawyer to handle a particular case.
Process with which a criminal lawyer should go
- Interviewing the client – Once the lawyer gets the chance to meet the client, he/she should gather as much information about the client’s case as possible. Often the lawyers prepare a list of questions or the experienced lawyers have knowledge of specific questions that are to be asked from the client. By getting the answers, the lawyer will be able to list all the strengths and loopholes associated with the case. Not just this, the criminal defense lawyers will be able to build effective defenses that would get into the favour of the person charged.
- Case investigation – Questioning the client is never enough. The lawyer should look for details on their own. The lawyer, to strengthen the case and defenses, must investigate from all possible angles. This may involve asking questions which may be with the witnesses or people possessing information associated with the case. Criminal defense lawyer must ask police their procedures while handling this particular case. If the lawyer is confronted by an expert case witness, he/she must interview to extract all the information out of the witness. Also get the hold of evidence that is presented by the witness.
A criminal lawyer is granted the right to review the case of prosecution before the jury handles it. It is done to ensure that there are no loopholes in the case even if the criminal lawyer reads it thoroughly. The lawyer looks for evidence that may help the test subject.
- Analyzing the evidence – Criminal defense lawyer carefully analyze the evidences in the case, independently testing them. Also this analysis helps the lawyer to form any legal theories effective in defending his/her client.
- Continued communication with the charged – Lawyer must ensure that there is continued communication updating the client about any and every development on the case. It is imperative for the client to be aware of possible consequences. Also all this communication should be kept only between the two parties.
- Selection of Jury – Lawyer will get to remove a particular jury if he/she feels bias issues.
- Plea bargaining – Criminal defense lawyer should also be able to negotiate with the prosecution about any possible plea bargains. This is done especially to reduce the sentence or charge.
- Trial – Lawyer should fight for the client by cross examining the witnesses of the state and examining the witnesses. This is all done to convince the jury that opposition have been unable to meet their burden of proof.
- Sentence – Often the charged accepts their crime but the lawyer should try his/her utmost to limit the time of sentence or alternatives to incarceration.
- A criminal defense lawyer plays a significant role in reducing the sentence of the convict or even refute the charges.