What Does A Criminal Defense Attorney Do?

by | Aug 27, 2014 | Law Services

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In any trial for a crime there are two principal players; the prosecutor who represents the state and the defense attorney who represents the accused. A Santa Anna criminal defense attorney represents the accused during all phases of the trial from the earliest stages of preparation and counseling of the client right through to appearances in court. Although there are also defense attorneys in civil cases, criminal defense attorneys deal with such crimes as forgery, theft, fraud, DUI, etc. The goal of any defense attorney is the same, to see that their clients are proven innocent of all allegations.

A criminal defense attorney is an advocate above all else. It is mandatory that those accused of a crime be given the right to legal representation. For a defendant that has no say in the proceedings, being adequately represented by a skilled attorney is very important. A criminal defense attorney does what is necessary to present the case in the most favorable light in a court of law. The attorney begins by researching the case, looking for legal anomalies or weaknesses in the prosecution’s case. Depending upon the case, mounting an effective legal defense is far more complex and requires far more resources than a person who is not schooled in criminal law could do effectively.

As a defendant is guaranteed representation under law, if he or she cannot afford a private attorney then the state will assign one, this individual is the public defender. Public defenders work for and are paid by the government but they are obliged to defend their client against the charges brought by the prosecutor who works for the same government. There are many public defenders that are brilliant attorneys but as their case loads are so big those that can afford a private Santa Anna criminal defense attorney are well advised to do so.

Public defenders do not have the opportunity to choose the cases; they are obliged to defend any case they are assigned, regardless of the crime or the complexity of the case. This is obviously not the case with a private defense attorney; they can choose their area of expertise and are normally hired by an accused based on that expertise and their record of successful defense.

The task of a criminal defense attorney is to research, create and develop a strategy that will throw doubt into the case as presented by the prosecutor. Knowing that in law his client is innocent until proven otherwise, the Santa Anna criminal defense attorney does not have to prove innocence, he has to put doubt as to the client’s guilt in the minds of the jurors.

If you have been accused of a crime you will need a seasoned Santa Anna criminal defense attorney to advocate on your behalf. You are invited to contact the Law offices of Christopher J. McCann.

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