Who Are Defense Lawyers What Types of Cases Do They Handle?
- Written by NewsServices.com
If you have never been charged with a crime you, most probably, know someone who has. Anyone who’s trapped in the charges has the right to defend him/herself. In such a case, it’s best to hire criminal lawyers Wollongong to provide objective advice about the charges and defend your interests.
The law allows people who are accused of charges of any crime to fight back with the prosecution and put the perspective in front of the judges. Defendants are protected by law which demands that a balance be brought to justice for defendants and petitioners.
Criminal Defense lawyers and the different types of cases they handle
A criminal defence lawyer presents a strategic argument in an effort to prove or discredit the logic of the evidence presented by the prosecution. The prosecution is usually the state or the people trying to form a case against a person. To win, either party has to prove and defend their case beyond a reasonable doubt.
The most common types of criminal cases that defense lawyers can handle vary depending on the crime that was committed or the case that was presented before the court. Here’s a list of the most common defense cases handled by Criminal lawyers Wollongong:
·Driving Under the influence
·Domestic violence cases
·Assault and battery
·Shoplifting or theft
·Crimes related to sex
The legal process…
In almost all cases that a lawyer will solve or support, there’s a common pattern that lawyers follow. Here are the steps they follow:
Step 1: The lawyer, after meeting the client, asks a couple of questions to at least get a background of the case. The questions asked are simple, direct, and related to the case. The more information you give, the better he/she will understand the case.
Step 2: The lawyer investigates the case further or hires a private investigator to understand the case more. At this point, he/she focuses on every detail regardless of how minor or major it seems.
Step 3: All witnesses are investigated to collaborate their credibility. The lawyer also investigates the evidence that has been provided by the prosecutor for the case.
Step 4: In this step, the lawyer tries to find witnesses or evidence that is helpful to the defendant.
Step 5:After the lawyer has gathered enough facts, he/she makes a defense strategy that is followed during the case trial.
Step 6: Before the formal filing of the case, the lawyer can try to persuade the district attorney or prosecution to dismiss the case. Alternatively, he/she can try to get some leniency in the ruling.
Step 7: The lawyer helps his/her client by speaking out in case he/she realizes that a certain jury member was biased on passing judgment. The member of the jury could be eliminated.
Step 8: The lawyer then represents his/her client in a plea bargain with the judge and prosecution. The negotiation is either towards the dismissal of the case or reduction of the punishment.
Step 9: The lawyer accepts the most favorable deal for his/her client. Sometimes they negotiate a favorable compensation for the client depending on the case.
Step 10: Lastly, the lawyer represents the client in court. He/she fight and argues at the trial to get the best results in the client’s favor.
The criminal trial process
The entire criminal trial process from the moment a person is arrested to when they’re sentenced comprises three main phases. These are:
1.Arrest
This is the first stage where a lawyer is assigned to the defendant. They both meet and discuss the way forward. Part of the discussion includes the lawyer asking the prosecution team not to file a case against the defendant. The prosecutor is shown the defendant’s perspective and after hearing their side of the story they can decide to dismiss the filing of the case.
If the prosecutor goes ahead and files the case, the lawyer starts investigating and making strategies for the trial.
2.Arraignment
The second major stage is whereby the defendant gets notified about the criminal charges against him/her. The options of what happens if they plead guilty or not guilty are laid out. This allows ample time for the defendant to file a guilty or not guilty plea before his/her lawyer can start negotiating with the prosecutor.
The judge then decides if the case will be dismissed, if the accused will be released on bail, or if he/she will remain behind bars.
3.Adjudication
The case only proceeds to this stage if the defendant files a not guilty plea. Adjudication is the final step where the judgment ruling is made and involves the preliminary hearing process.
There are two possible results of the preliminary hearing i.e. either the case is resolved or it proceeds to trial.
Conclusion
Defense lawyers help their clients with cases and owe them a duty of good faith. This means that they must act scrupulously whether they’re hired privately or appointed through the court. Generally, defense attorneys are needed to handle cases because defendants cannot represent themselves in court by law. A skilled professional, in this case, a lawyer, is needed to fight against the prosecution to get the best results possible.
