4 Actions Your Criminal Defense Attorney Should Take
While you have the right to handle your criminal case alone, it is highly advisable that you avoid going at it alone. The legal system makes it hard for criminal defendants to represent themselves. So if you are facing criminal charges, hiring a defense attorney is in your best interest. But after hiring a criminal defense attorney, how do you know your attorney is taking the steps necessary to help you achieve a favorable outcome? Below, we discuss some of the basic steps criminal defense attorneys take in an attempt to help their clients.
Disclaimer: Every criminal case is unique, and just because your criminal defense attorney takes the steps discussed in this article does not guarantee that you will be acquitted.
Step #1: Hear the Defendant’s Side of the Story
The first step criminal defense attorneys take in an attempt to help their clients is hearing their clients’ side of the story. Before your criminal defense attorney begins investigating your case, they should meet with you and get your side of the story. After all, how can your attorney help you without getting your input?
During your meeting with your defense attorney, you should be open and avoid hiding information. Remember, you are protected by the attorney-client privilege. By being honest with your attorney, you give them an opportunity to prepare a winning defense.
Step #2: Analyze the Evidence
The second thing that criminal defense attorneys do in an attempt to help defendants is to gather evidence. For instance, criminal defense attorneys collect police reports, pictures, medical records, lab reports, witness statements, and other digital media evidence relevant to the case. Usually, this is done during the discovery process. After gathering all relevant evidence, criminal defense attorneys take the time to analyze the evidence. For example, your attorney should compare the police reports to the witness statements and other evidence to determine if there are any inconsistencies or if the prosecution has enough evidence to meet its burden of proof.
In the U.S., a prosecutor must prove their case beyond a reasonable doubt. This entails proving every element of the case beyond a reasonable doubt. Failure to prove even one element beyond a reasonable doubt should result in a not-guilty verdict. So, your defense attorney should be poking holes in the prosecution’s evidence to find weaknesses they can use to your advantage.
Step #3: Evaluate Defenses and Prepare a Defense
This may sound obvious, but it is vital that it is mentioned. Your defense attorney should evaluate defenses and prepare a defense. For example, your attorney needs to determine if your constitutional rights were violated. Examples of constitutional rights that your attorney should analyze include the following;
- Miranda rights
- Your right to be free from unreasonable searches and seizures
Your attorney should be familiar with the specific defenses that may be available to your case.
Step #4: File Motions
Finally, criminal defense attorneys file pre-trial motions after they identify defenses. For instance, if your Miranda rights were violated, your attorney should file a motion to have your statements excluded from consideration in court.
Contact a London Criminal Defense Attorney
If you are facing criminal charges in Kentucky and are looking for an experienced and dedicated defense attorney, look no further than our London criminal defense attorney at Cessna & George Law Firm. Contact us today to schedule a consultation and discuss your case.
