What Does A Criminal Defense Lawyer Do?

February 1, 2023

Crimes are a sad reality of our society; unfortunately, they happen daily. Whilst law enforcement and the judicial system strive to bring justice, it is not uncommon for innocent people to be held accountable for crimes they did not commit. In such situations, the role of a criminal defense lawyer becomes crucial in ensuring that their client’s rights are protected and that they receive a fair trial.

The criminal justice system can be complex and confusing, especially for someone unfamiliar with the legal procedures and processes. And this is where a criminal defense lawyer comes into the picture. 

What does a criminal defense lawyer do, you ask? These lawyers are trained professionals specialising in defending individuals and organisations facing criminal charges. Their primary goal is to represent their clients in court, negotiate with prosecutors and ensure that they receive the best possible outcome in their cases.

The Functions of a Criminal Defense Lawyer

So, what does a criminal defense lawyer do? Criminal defense lawyers perform several important functions to help their clients navigate the criminal justice system. Some of the key functions of a criminal defense lawyer include:

1. Providing Legal Advice

A criminal lawyer advises their client on the charges against them and the potential consequences of a conviction. They will carefully review the case and the evidence and provide the client with a clear understanding of the strengths and weaknesses of their case.

Sometimes, a criminal defense lawyer may advise their client to plead guilty and accept a plea bargain if it is in their best interests. In other cases, the lawyer may advise their client to fight the charges in court and take the case to trial. The goal of the legal advice given is to help the client make informed decisions about their case and to ensure that they receive the best possible outcome.

2. Conducting Investigations

Criminal defense lawyers also conduct their own investigations. They gather information and evidence to support their client’s case and to challenge the prosecution’s evidence and arguments. 

The investigation process often begins with a review of the police reports, witness statements and other evidence collected by the prosecution. The criminal lawyers will also interview witnesses, gather additional evidence and consult with experts as necessary. This investigation aims to identify any weaknesses in the prosecution’s case and build a strong defence for the client.

The investigation results are used to develop a defence strategy and prepare for court proceedings. The criminal defense lawyer will present their findings and arguments to the judge and jury and use the evidence to challenge the prosecution’s case and support their client’s defense.

3. Negotiating With The Prosecutors

Negotiating with prosecutors involves working with them to reach a plea bargain, reduced charges or a settlement in the client’s case.

A plea bargain is an agreement between the prosecution and the defence in which the defendant pleads guilty to a lesser charge in exchange for a reduced sentence or other concessions. It can be an attractive option for both the prosecution and the defence, as it allows the case to be resolved quickly and efficiently without needing a trial.

This function requires strong communication skills, an understanding of the law and thinking creatively and finding mutually beneficial solutions. It aims to achieve a fair and just resolution for the client and to protect their rights and interests throughout the legal process.

4. Protecting The Client’s Rights

Protecting constitutional rights is a crucial function of criminal lawyers. It ensures their client’s rights are protected and respected throughout the legal process.

The constitution of many countries, including Australia, provides individuals with a number of fundamental rights, such as the right to a fair trial, counsel, due process and the right against self-incrimination, among others. 

A criminal lawyer plays an essential role in protecting these rights by advocating for their client and ensuring that the legal process is conducted fairly and in accordance with the law. They will challenge any evidence obtained illegally or through a violation of their client’s rights and raise objections when the prosecution or the court violates their client’s constitutional rights.

Mardini Defence Lawyers: Defending You

Having a competent and experienced criminal lawyer by your side can make all the difference in a criminal case. They can help you understand the charges against you, provide you with the best legal advice and work tirelessly to defend your rights and interests.

If you or you know someone who has been held accountable for a crime, get in touch with us. At Mardini Defence Lawyers, our team of criminal lawyers know the law in and out and are always working to defend you. 

Call us on 0412 719 705 for a free initial consultation.

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If you are facing a criminal charge, we urge you to contact us today to arrange a free initial consultation. No case is too big or too small.

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