What Is a Defense Attorney?

When facing criminal charges, it is unwise to deal with the police, a judge, or a prosecutor alone. Defense attorneys are professionals who represent and protect the rights of people who have been arrested and face criminal charges. 

Regular interactions with police, prosecutors, and judges allow Virginia Beach criminal defense lawyers to advocate for you before and during a trial. They also help you navigate the legal system, craft a legal strategy, and negotiate a plea bargain if the need arises, all while ensuring your rights are protected.  

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What Does a Defense Attorney Do?

The attorney who represents you in a criminal case has various responsibilities, including:

Investigating the Case

A defense attorney’s duties are similar to those of an investigator. To defend their client, a defense attorney must review evidence related to the charges and may hire an outside investigator, talk to the witnesses, locate expert witnesses, and gather more pieces of evidence to support a not-guilty verdict.

In addition, the law grants a defense attorney the right to examine the prosecution’s evidence before selecting the jury.

Under this law, the attorney has the right to search for any evidence that may discredit the prosecution’s case. If necessary, the attorney may also have an independent lab test the evidence.

Guiding the Defendant Through the Legal Process

The legal system is complex, and criminal cases can be resolved in various ways. When someone is facing criminal charges, a defense attorney must help them navigate through the legal system and decide how best to proceed.

Options include negotiations with the prosecution to reach a plea agreement. As part of a plea bargain, the defendant pleads guilty, usually to lesser charges, in exchange for a more lenient sentence or dismissal of some of the allegations. As a result, the sentence is reduced and/or some charges are dropped.

Your lawyer must develop a strong defense strategy if you want to avoid a plea deal or if one is not possible.

Presenting a Defense in Court

Without a plea deal, your case will likely go to trial. The defense attorney is responsible for explaining the defendant’s side of the story to the court and jury. However, only some lawyers are experienced enough to give you the professional representation you need in court.

Therefore, it’s important to work with an attorney, such as one from Coastal Virginia Law, who is experienced in dealing with cases similar to yours. This will ensure they are familiar with the laws and terms and conditions involved in your case. They will put convincing arguments in front of the jury while advocating for a not-guilty verdict.

A defense attorney must also be able to recognize when to argue for a mistrial, which is when a trial is rendered invalid due to an error in the legal proceedings.

Appealing When Necessary

Convictions and sentences sometimes need to be appealed. Appeals of decisions made by the court are also handled by criminal defense lawyers.

Because appeals in criminal cases can be very complicated, an in-depth understanding of the appeals process is crucial for success. This is something only available to an experienced defense attorney. 

Which Is Better: A Public or Private Defense Attorney?

The decision to hire an attorney or accept the services of a free public defender is personal. However, when hefty fines and prison time are at stake, it is crucial to get the highest quality of legal representation you can.

When arrested, you have the right to choose your own attorney. You may have the option of using a public defender appointed by the court to represent you at your trial if you cannot afford to pay for a private defense attorney.

How much do criminal defense lawyers cost? Rates vary considerably depending on the attorney’s experience, details of the case, and other factors. That said, a private defense attorney is going to be more dedicated to your case and is probably the better choice if you can afford it.

When to Hire a Criminal Defense Lawyer

Some people choose to represent themselves in court when the charges are not serious. A traffic ticket, for example, is a minor charge classified as a violation, but allegations such as misdemeanors or felonies are far more serious than a violation and can impact many aspects of your future.

Therefore, it’s important to seek assistance from a defense lawyer in such cases as soon as you learn about them. There are deadlines and processes in the legal system that are time-sensitive, which means the earlier you get professional help, the better the potential outcome of your case.

Final Thoughts

Criminal defense lawyers are essential for anyone facing criminal allegations. They can advise you on the legalities of your case, present a strong defense in court, negotiate on your behalf for a plea bargain, and help you challenge a conviction or sentence if needed.

Make sure you hire someone experienced in dealing with cases similar to yours to ensure the best results–contact Coastal Virginia Law to make sure your rights are protected.

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