The Role of a Criminal Defense Attorney in Protecting Your Rights

When you’ve been accused of committing a crime, the law gives you the right to an attorney for very good reasons. An experienced and dedicated criminal defense lawyer can protect your rights and support your interests even before criminal charges have been filed against you. The sooner you find the right attorney and put your trust in that attorney, the more benefits you can gain from the relationship.

Your defense lawyer is your ally when the world has turned against you. Your attorney can explain what is going on and what is likely to happen in the future, so that you can decide your next steps together. Your defense lawyer is focused solely on what is best for you in every situation.

To a certain extent, you are paying for that loyalty, but the best criminal defense lawyers are not truly motivated by money, or they would be practicing a more lucrative branch of the law. The best defense lawyers fight tirelessly and effectively for their clients because they believe that every person deserves to have their rights respected, regardless of the situation.

Anyone charged with a crime should be presumed innocent, and the steps we take to provide a vigorous defense require the government to prove beyond a reasonable doubt that wrongdoing occurred and that punishment is warranted under the circumstances. As officers of the court, it is our job to show why the government cannot meet this burden.

At Berkowitz Law, we can’t speak for other attorneys, but we can explain our role in protecting your rights as we see it. It is a multi-faceted role that evolves throughout the course of a case. And the role often continues even after the case is officially over, because it is important to work to restore your reputation and rebuild your life after the destruction caused by a criminal accusation. Even when allegations are completely unfounded, the damage is real. We fight to keep that damage to a minimum and prevent it from spreading.

Leveling the Playing Field

Criminal accusations are supported by an army of highly-trained personnel with access to nearly unlimited resources. The person who must stand up to those accusations is isolated and often uncertain about what is going on. They aren’t prepared, and they aren’t supported. But when they start working with the right criminal defense attorney, that all changes.

A knowledgeable defense lawyer can level the playing field by providing experienced advice and advocacy to counter the tactics of law enforcement and criminal prosecution teams. In addition, a dedicated defense attorney is also a collaborator who stands in support of the accused, no matter what is said.

The criminal justice system provides many specific rights for those accused of a crime, but those rights can easily be lost if they are not asserted aggressively. In a defense attorney’s arsenal, rights can be used as weapons to defend the accused. But these weapons are only effective when you know how to use them to your advantage, with skill acquired through extensive practice.

The First Line of Defense: Pre-Arrest and Investigation

You don’t have to wait for criminal charges to be filed before you hire a defense attorney. In fact, some of the most useful assistance a criminal defense lawyer can provide occurs during the investigation of a crime before charges have been filed. The right intervention can often prevent charges from being filed in the first place. A skilled defense lawyer may be able to point out defects in evidence or conflicting evidence that demonstrates how weak the prosecution’s case would be and convince the prosecutor not to file charges.

In addition, working with a defense attorney at this stage of the proceedings can be very helpful regarding evidence. The best time to collect evidence to support your defense is right after the events occur. A defense attorney can help gather and preserve evidence to establish innocence. Further, a knowledgeable defense lawyer can advise you about how to protect evidence and to avoid doing something that unintentionally destroys or invalidates evidence. Actions that appear to be attempts to tamper with or destroy evidence are often far more damaging than anything contained in the evidence itself.

Finally, it is very helpful to have a defense attorney’s assistance in managing information. For instance, an attorney can work to prevent damaging information from being posted on social media or unnecessary information from being provided to investigators.

The Initial Court Process

If a warrant for arrest is issued, a defense attorney can arrange for a voluntary surrender in private and work to secure bail on the most reasonable terms. It may be possible to arrange a release before formal arraignment, subject to the local court’s protocols.

Shortly after the arrest, it will be necessary to appear in court for the first hearing, which is usually referred to as an arraignment. At this hearing, you will be formally charged with the offense you’re accused of committing, and you can make only a simple response. Most often, at this stage, the person accused is advised to plead “not guilty” to the offense. The defense attorney can provide guidance and support throughout this process so you know what to expect and how to act. Of course, part of the process is explaining the offense charged and the potential ramifications.

At the arraignment hearing, the judge will set bail. However, your defense attorney can request a separate bail hearing to get the amount reduced.

Investigation and Defense Strategy

Your defense attorney will comb through police reports and other evidence to see what the prosecution will be using to support their assertions and what evidence can be used to refute those assertions. There are numerous defense strategies that could be implemented to achieve a positive outcome for the person accused:

• It may be possible for the defense attorney to file a motion to have evidence suppressed because it was not obtained in accordance with legal requirements. For instance, evidence obtained through an unlawful search violates the Fourth Amendment rights of the person accused.
• The defense attorney can look for witnesses who can corroborate the accused person’s version of events or refute the prosecution’s claims
• The prosecution must prove every element of a charged offense, so the defense attorney will analyze the evidence and arguments supporting each element to determine where reasonable doubt can be introduced
• If it is not possible to refute certain critical elements of the charge, the defense attorney can consider lesser offenses that might be acceptable in a settlement

Throughout this process, the defense attorney will be in close communication with the person accused to help build the strongest arguments for defense. If a lesser offense is being considered, the attorney will explain that offense and the potential consequences of accepting a settlement.

Shielding Rights During Negotiations and Plea Bargaining

It is vitally important for the person accused to understand the impact on their life and reputation if they accept the deal. A defense attorney should explain this in detail. Even better, the defense attorney should negotiate for a better deal, especially a deal that does not involve a conviction. California offers diversion programs that can allow charges to be dismissed following rehabilitation or mental health treatment.

Depending on the charge, it may be possible to advocate for a restorative justice program or another alternative sentencing option. It is important to seek consequences that have the least disruptive effects while protecting the client’s long-term reputation. In addition, it is also important for the defense attorney to help clients understand other impacts of accepting a plea, such as the effect on a custody battle, professional licensing, firearms rights, or immigration status.

Protecting Rights in the Courtroom

When it makes sense to take the case to trial rather than accept a plea deal, the defense attorney has many additional opportunities to protect the accused’s rights. The trial process starts with the jury selection process known as voir dire. Both the prosecution and the defense attorneys have the opportunity to question potential jurors, and there are ways to use this opportunity to a client’s advantage.

A skilled defense attorney can use the questioning process to build rapport with the jury and ensure that prospective jurors understand that the prosecution must prove every element of the crime beyond a reasonable doubt. While the questioning process is intended to allow attorneys to excuse potential jurors who may be biased, clever phrasing of questions often allows a defense attorney to establish some basic points even before opening arguments.

During the trial, the defense attorney will deliver a speech refuting the prosecution’s opening arguments and building the defense narrative. Then the defense lawyer will support that narrative by cross-examining the prosecution’s witnesses and presenting witnesses and other evidence that cast doubt on the prosecution’s assertions.

If the prosecution presents inadmissible evidence, the defense attorney will object to the introduction of that information. The defense attorney continues to promote the defense narrative during closing arguments.

Beyond the Verdict

Depending on the type of trial, either the jury or the judge will apply the law to the facts presented to determine whether the person accused should be pronounced guilty or not guilty. If the verdict is guilty, then the defense attorney presents mitigating circumstances to seek the most lenient penalties allowed.

If an unfavorable verdict was reached because the law was applied incorrectly, then it may be possible to lay the groundwork for a judicial appeal. Regardless of the verdict, the case will often have negative consequences for the accused simply because of the allegations. A dedicated criminal defense attorney can help minimize some of these consequences, such as getting the record expunged.

Choose Your Defense Attorney Carefully: Dedication and Experience Matter

Defense attorneys are human, and that means they’re all different. Some are more dedicated than others. Some are more knowledgeable than others. Experience and dedication are often the two most important factors when choosing the right defense attorney.

While the prosecutor may be in a hurry to settle the case, you want an attorney who is prepared to fight for what is best for you, even if that means taking a case all the way through a trial. That is what we mean by dedication.

You also need a legal advocate with enough experience to be able to provide advice grounded in realistic expectations and who knows how to exploit every potential defense strategy in the case. At Berkowitz Law, we offer our clients the benefits of knowledge and experience, but we are most proud of our dedication to achieving the best outcome in every case, no matter what it takes. If you or a loved one is facing criminal charges or is accused of something that could lead to them, we invite you to schedule a confidential consultation to learn more about what the defense process could look like in your situation.