The Role of the Defense Lawyer
- The first thing your defense lawyer will do is evaluate your case. This should entail a thorough reading of the charges the state has filed against you as well as an investigation into what evidence the prosecutor proposes to use against you should the case proceed to trial. Your defense lawyer will also interview you and any witnesses you have on your behalf in order to evaluate your side of the case.
- Your defense lawyer will then advise you of the options you have in your case. These options generally include accepting a plea agreement, filing pre-trial motions to exclude or quash evidence and therefore gain a dismissal of some or all charges or proceeding to a trial before a judge or jury. Your defense lawyer will give you his opinion on which option he believes is in your best interest. You will then decide, together, which option you are going to pursue. It is always your right to decide which course of action you wish to take once your lawyer has given you his advice.
- Your defense lawyer will also protect you at all stages of your case. This may include preventing you from speaking to the police or filing motions to attempt to prevent searches and seizures of your property. Your defense lawyer may also work to protect you from having additional charges filed against you in your case.
- Your defense lawyer will negotiate on your behalf. This generally takes the form of plea negotiations. During plea negotiations, your defense lawyer will attempt to get charges dismissed or to reduce your sentence in return for your pleading guilty to one or more of the charges filed against you. Sometimes, your defense lawyer can negotiate for a plea to a lesser included charge.
- During all phases of your case, your defense lawyer will represent you and your interests. This representation will take many forms, often starting at a bail reduction hearing in an attempt to lower your bail to prevent you from spending the pendency of your case in custody. If your case ultimately goes to trial, your defense lawyer will represent you at the trial and fight for an acquittal of all charges. If you are convicted, your defense lawyer will represent you at your sentencing and advocate for a lenient sentence.