What Does a Defense Attorney Do? Understanding Their Role

Meason & Morris Law discusses What Does a Defense Attorney Do? Understanding Their Role

When you are accused of a crime, it can feel like the whole world is against you. You may not know where to turn or who to trust. This is where a defense attorney comes in. A defense attorney is a lawyer who helps people who have been accused of a crime.

They are your advocate, your guide, and your protector. They are there to make sure that your rights are protected and that you get a fair trial.

At Meason & Morris Law, we believe that everyone deserves a strong defense. Our experienced criminal defense attorneys have helped many people who have been accused of a crime. We know that the legal system can be confusing and scary.

That is why we are here to help. This guide will explain what a defense attorney does and what their role is in the legal system. We will talk about the different things that a defense attorney does to help their clients. We will also talk about why it is so important to have a good defense attorney on your side.

Understanding the Defense Attorney Role

A defense attorney is a lawyer who represents people who have been accused of a crime. They are also known as criminal defense lawyers. Their job is to protect the rights of their clients and to make sure that they get a fair trial.

In our legal system, everyone is presumed innocent until proven guilty. This means that the government has to prove that you are guilty of a crime. You do not have to prove that you are innocent.

A defense attorney's job is to challenge the government's case. They do this by looking for weaknesses in the evidence and by making sure that the police and the prosecutor have followed all of the rules. They also work to get the best possible outcome for their clients. This could mean getting the charges dismissed, getting a not guilty verdict at trial, or getting a reduced sentence.

There are two main types of defense attorneys: public defenders and private attorneys. Public defenders are lawyers who are paid by the government to represent people who cannot afford to hire a lawyer. Private attorneys are lawyers who are hired by their clients. Both public defenders and private attorneys have the same job: to provide their clients with a strong defense.

The legal system is an adversarial system. This means that there are two sides: the prosecution and the defense. The prosecution is the side that is trying to prove that you are guilty. The defense is the side that is trying to prove that you are not guilty.

The judge and the jury are the neutral parties who decide the case. A defense attorney is an essential part of this system. They are there to make sure that your side of the story is heard and that your rights are protected.

Core Duties and Responsibilities

A defense attorney has many duties and responsibilities. One of the most important is to protect the constitutional rights of their clients. This includes the right to remain silent, the right to an attorney, and the right to a fair trial. A defense attorney will make sure that the police and the prosecutor respect these rights.

Another important duty is to investigate the case. A defense attorney will review the police report, talk to witnesses, and look at the evidence. They will look for any weaknesses in the prosecution's case. They will also look for any evidence that can help their client.

This could include evidence that shows that their client is innocent, or evidence that shows that the police made a mistake.

A defense attorney will also communicate with their client. They will explain the charges, the evidence, and the legal process. They will answer their client's questions and help them make informed decisions about their case. They will also provide their client with emotional support and guidance.

A defense attorney will also develop a legal strategy for the case. This could involve filing motions to suppress evidence, negotiating a plea bargain, or preparing for trial. A defense attorney will use their knowledge of the law and their experience to develop a strategy that is in the best interests of their client.

Finally, a defense attorney will represent their client in court. They will argue on behalf of their client and challenge the prosecution's case. They will cross-examine witnesses and present evidence. They will do everything they can to get the best possible outcome for their client.

The Defense Process from Start to Finish

The defense process begins as soon as you are accused of a crime. The first step is to hire a defense attorney. Your lawyer will then start working on your case.

They will meet with you to discuss the charges and to get your side of the story. They will also start investigating the case. They will review the police report, talk to witnesses, and look at the evidence.

After the initial investigation, your lawyer will start developing a legal strategy. This could involve filing motions to suppress evidence. A motion to suppress is a request to the court to throw out evidence that was obtained illegally. For example, if the police searched your home without a warrant, your lawyer could file a motion to suppress any evidence they found.

Your lawyer may also try to negotiate a plea bargain with the prosecutor. A plea bargain is an agreement where you agree to plead guilty to a lesser charge in exchange for a reduced sentence. A plea bargain can be a good option for people who want to avoid the risk of going to trial.

If a plea bargain cannot be reached, your case will go to trial. Your lawyer will prepare for trial by gathering evidence, preparing witnesses, and developing a trial strategy. At trial, your lawyer will represent you in court.

They will cross-examine the prosecution's witnesses and present your defense. They will do everything they can to get a not guilty verdict.

If you are found guilty at trial, your lawyer will represent you at sentencing. They will argue for a lenient sentence and present any mitigating evidence.

They may also file an appeal. An appeal is a request to a higher court to review the case. An appeal can be a good option for people who believe that there were legal errors in their trial.

Types of Cases Defense Attorneys Handle

Defense attorneys handle a wide variety of cases. They represent people who have been accused of everything from minor traffic violations to serious felonies. Some of the most common types of cases that defense attorneys handle include misdemeanors, which are less serious crimes that are punishable by up to a year in jail. Examples of misdemeanors include petty theft, simple assault, and disorderly conduct.

Felonies are more serious crimes that are punishable by more than a year in prison. Examples of felonies include murder, robbery, and drug trafficking. White-collar crimes are non-violent crimes that are committed for financial gain. Examples of white-collar crimes include fraud, embezzlement, and insider trading.

Drug offenses include the possession, sale, and manufacturing of illegal drugs. DUI and traffic violations include driving under the influence of alcohol or drugs, speeding, and reckless driving. Violent crimes include murder, robbery, assault, and domestic violence.

Juvenile cases involve crimes that are committed by people who are under the age of 18. Federal criminal cases involve crimes that violate federal law. Examples of federal crimes include bank robbery, kidnapping, and terrorism.

No matter what type of crime you have been accused of, a defense attorney can help. They can provide you with the legal advice and the representation you need to protect your rights and to get the best possible outcome for your case.

When You Need a Defense Attorney

If you have been accused of a crime, it is important to hire a defense attorney as soon as possible. The sooner you hire a lawyer, the sooner they can start working on your case.

You should hire a defense attorney if you are being questioned by the police, if you have been arrested, if you have been formally charged with a crime, if you have to go to court, if you have been offered a plea bargain, if your case is going to trial, or if you want to file an appeal.

Even if you think you are innocent, it is still important to have a lawyer. The legal system is complex, and it is easy to make a mistake that could hurt your case. A defense attorney can help you avoid these mistakes and can make sure that your rights are protected. They can also help you get the best possible outcome for your case.

If you cannot afford to hire a lawyer, you may be able to get a public defender. A public defender is a lawyer who is paid by the government to represent people who cannot afford to hire a lawyer. To get a public defender, you will need to show that you are indigent, which means that you do not have enough money to hire a lawyer.

Whether you hire a private attorney or get a public defender, it is important to have a lawyer on your side. A defense attorney can be your best ally in the fight for your freedom.

The Importance of Early Legal Representation

One of the most important things to understand about defense attorneys is that timing matters. The earlier you get a lawyer involved in your case, the better your chances of a good outcome. Many people make the mistake of waiting until they are formally charged with a crime before they hire a lawyer. By then, it may be too late to prevent some of the damage.

If you are being investigated for a crime, you should hire a defense attorney right away. Your lawyer can help you during police questioning. They can make sure that you do not say anything that could hurt your case. They can also help you understand your rights and make sure that the police are following the law.

A defense attorney can also help you during the investigation phase. They can conduct their own investigation and look for evidence that could help your case. They can also work to prevent charges from being filed in the first place. If charges are filed, they can work to get them reduced or dismissed.

The bottom line is that a defense attorney can help you at every stage of the criminal justice process. The sooner you hire a lawyer, the more they can do to help you. If you are facing a criminal investigation or have been charged with a crime, do not wait. Contact a defense attorney today and start protecting your rights and your future.

Conclusion

A defense attorney plays a vital role in our legal system. They are there to protect the rights of people who have been accused of a crime. They are your advocate, your guide, and your protector. They will fight to make sure that you get a fair trial and that your side of the story is heard.

If you have been accused of a crime, it is important to hire a defense attorney as soon as possible. The right lawyer can make a big difference in the outcome of your case.

At Meason & Morris Law, we are dedicated to providing our clients with the best possible defense. Our experienced criminal defense attorneys have a deep understanding of the law and a commitment to protecting the rights of our clients.

We will work tirelessly to get the best possible outcome for your case. We will be there for you every step of the way, providing you with the legal advice and the emotional support you need. If you are facing a criminal charge, don't go through it alone. Contact us today for a consultation and let us help you fight for your freedom.

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Meason & Morris Law is a legal firm led by seasoned attorneys Marty Meason and Chris Morris. We provide a professional experience for all our clients, helping them navigate their legal rights. We focus on Criminal Justice Law (felonies and misdemeanors), Divorce and Family Law, Expungement and Felony Law, Probate Law and also have Trial experience. Serving Washington County, Nowata County, Osage County, Rogers County, Payne County, Pawnee County, and Kay County in Oklahoma.

Meason & Morris Law

515 Delaware Ave

Bartlesville, OK 74003

918-336-6300