Role of a Criminal Defense Lawyer

Criminal defense attorneys sometimes get a not-so-flattering portrayal because people assume they are defending the guilty. However, despite your guilt or innocence, whether you are a suspect in a criminal case, you require the help of a professional criminal defense attorney. As the defendant’s protectors and advocates, defense lawyers play a pivotal role in the U.S. justice system to see that everybody accused of a criminal act has an opportunity to defend themselves. Checkout Toland Law, LLC for more info.

Defense lawyers Protect Accused’s rights

Above all, the job of a criminal defense lawyer is to secure the accused’s rights. Criminal defense lawyers are bound by law to assist their clients by ensuring that you are treated fairly by the criminal justice system in the United States, upholding your rights under the Bill of Rights as set out in the Constitution of the United States. In fact, it’s the responsibility of your criminal defense lawyer to ensure if you’re allowed to:

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The ability of the colleagues to face tried before a jury;

· The freedom to be deemed innocent “beyond reasonable doubt” unless proved guilty;

· The right to a speedy and open trial;

· Right to keep silent;

· The freedom to protect themselves from arbitrary searches and seizures; and

· The legal advice right.

Many of these privileges are granted under the Constitution of the United States and are available to other States by the Fourteenth Amendment as well as case decisions of the United States Supreme Court. As such, a criminal defense counsel is obligated to offer immunity to clients against government overreach in sentencing any person convicted of criminal offence. An experienced, qualified lawyer does this by challenging any government or law enforcement behavior that violates the rights of any citizen of the United States accused of a crime. If a criminal defense lawyer fails to make reasonable efforts to safeguard your rights or provide effective assistance, he / she risks losing his / her license to practice law or other penalties (some of which may include jail time).

Criminal lawyers stand up for the innocent

A criminal defense attorney ‘s second-most important role is defending the innocent. We see daily overturned criminal cases where new evidence verifies an innocent person’s incarceration that has served time as a result of an incorrect guilty verdict. So while most criminal defense counsel clients are often technically involved of the offense they’ve been charged with, some of the clients of a counsel are actually innocent on special instances. Though a unusual event, innocent citizens are guilty of illegal crimes and sentenced.

To combat the prosecution of the wrongly accused, criminal defense lawyers must be diligent in holding prosecutors and police accountable in every case they handle for each stage of their investigation. Therefore, defense lawyers must treat their position as defenders of the innocent and the not-so-innocent seriously and guarantee that the criminal will not survive and the innocent are disciplined