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When people ask, what does a criminal defense lawyer do, the answer goes far beyond appearing in court. Courtroom dramas have done a great job of selling that image. The reality is very different. Long before a case reaches trial, a defense attorney is reviewing evidence, negotiating with prosecutors, filing motions, and looking for weaknesses in the state's case. So, what does a criminal defense lawyer do? In New Jersey, their job is to protect your rights and build the strongest defense possible.
When you hire a criminal defense lawyer, they immediately go to work representing you as a client. One of their primary functions is to help their clients protect their constitutional rights. These include:
Criminal defense lawyers also protect their clients by holding law enforcement and prosecutors accountable. They ensure everyone follows proper procedure. When their client’s rights are violated or procedures aren’t followed, a lawyer will advocate for their client. As their client’s advocate, a lawyer makes the client’s best interest their priority. This includes explaining legal options available and potential outcomes.
A criminal defense lawyer wears a lot of hats. Depending on the circumstances, they may act as an investigator, negotiator, strategist, advocate, and legal advisor. While every case is different, there are several important responsibilities that defense attorneys typically handle on behalf of their clients.
A criminal defense attorney assists clients before criminal charges are filed. They will speak with law enforcement, respond to subpoenas, and protect the client from making potentially harmful statements. While law enforcement investigates, they will discuss the situation and review available facts with their client. There may be potential defense strategies that can be identified early on in the case.
Criminal defense lawyers also act like legal educators for their clients. They help clients understand the potential legal charges, risks, and consequences of being found guilty. During the early stages, they will explain the criminal legal process and potential case timelines.
After charges are filed, the prosecutor and defense lawyers begin building their strategies. The discovery phase is when evidence is gathered and reviewed by both sides. A criminal defense attorney will look for potential defense opportunities in their evidence review. They will review police reports, witness statements, video footage, and forensic evidence. The type and amount of evidence can vary significantly depending on the type of criminal case.
Skilled defense attorneys look for potential weak points in the prosecutor’s case. While every case is unique, there are common defenses in criminal cases.
There are also defense arguments that focus on their client’s behavior. There could be a lack of intent, alibi evidence, self-defense, or another defense.
There may be multiple court hearings that take place throughout the criminal court process. A lawyer will attend and represent their client at each of these hearings. There is the first appearance, arraignment, pretrial conferences, and hearings. A lawyer may explain charges, advise on pleas, and address release conditions. They may file motions, challenge evidence admission, and negotiate procedural issues.
During the trial process, a defense attorney may participate in jury selection, cross-examine the prosecutor’s witnesses, and present their own evidence. They will present defense arguments to argue for their client’s innocence.
There may be an opportunity to negotiate a plea agreement. Criminal defense attorneys have experience negotiating with prosecutors. They can advise on the potential risk of going to trial versus a negotiated resolution. While every case is different, it could be possible to negotiate for reduced charges, seek alternative sentencing options, or agree to a diversionary program.
When someone is convicted, their defense attorney can continue to assist them. A separate sentencing hearing will take place. At that hearing, the attorney will present mitigating factors, seek reduced penalties, and argue for alternatives to incarceration when appropriate.
Depending on the facts, a defense attorney may be able to advocate for their clients' rights post-sentencing. They could challenge the conviction based on legal errors made or constitutional rights that were violated.
You shouldn’t hesitate to speak with a criminal defense attorney if you have legal questions. There are also times during your arrest when speaking with a lawyer may be beneficial in protecting your legal rights. You have the right to speak with a lawyer before speaking with the police. The lawyer will provide valuable legal guidance during your participation in law enforcement’s investigation. Similarly, speaking with a lawyer immediately after being arrested can protect your rights during the beginning stages of the case. There may be a situation when you learn you are under investigation. During the early stages of the case, a lawyer can advise about potential outcomes and how your legal strategy may develop as the investigation progresses.
Understanding what a criminal defense lawyer does can help you make smarter decisions when your future is on the line. A defense attorney's role extends well beyond the courtroom, encompassing everything from investigating the allegations against you to pursuing the best possible resolution for your case. At Lamparello Law, Education, and Advocacy, our attorneys bring years of experience defending clients against criminal charges in New Jersey.
Reach out to Lamparello Law, Education, and Advocacy for experienced legal support.
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