Often, criminal defence attorneys get a not-so-flattering image because individuals believe they are representing accused people. However you need the help of a competent criminal defence lawyer, regardless of your guilt or innocence, if you are a defendant in a criminal case. Defense attorneys play a pivotal role in the United States legal system as the guardians and advocates of the accused, to ensure that those accused of a criminal crime has an opportunity to defend themselves.
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Defense Attorneys Defend the Accused’s Rights
The job of a criminal defence lawyer is, first and foremost, to protect the rights of the accused. In defending your rights under the Bill of Rights, as set out in the Constitution of the United States, criminal defence attorneys are bound by statute to support their clients by ensuring that the criminal justice system of the United States handles you equally. More precisely, the role of your criminal defence lawyer is to ensure that you are permitted:
The right of a jury of your peers to trial
The right to be presumed innocent “beyond a reasonable doubt” unless proved guilty
The right to a public and speedy trial
The right to preserve silence
The freedom to be free from arbitrary searches and seizures
The right to legal advice.
All these rights are guaranteed by the Constitution of the United States and are applicable by the Fourteenth Amendment as well as case opinions of the U.S. Supreme Court to all states. As such in punishing any person convicted of a criminal crime, a criminal defence lawyer is obliged to provide clients with protection against the government’s overreach. This is achieved by an experienced, trained lawyer by questioning any government or law enforcement action that violates the rights of any resident of the United States convicted of a crime. If a criminal defence attorney fails to make fair attempts to protect your rights or provide effective assistance, he/she can lose his/her law practise licence or other sanctions (some of which may include prison time).
Defending the Innocent by Prosecuting Counsel
A criminal defence attorney’s second most important role is protecting the innocent. We see reversed criminal proceedings every day where new evidence verifies the imprisonment of an innocent person who has spent time as a result of an erroneous verdict of guilt. And while most of the clients of criminal defence lawyers are somewhat criminally guilty of the offence they have been charged with some of the clients of a lawyer are truly innocent on rare occasions. While an unusual case, innocent persons are accused of criminal offences and convicted.
In order to combat the conviction of the falsely accused, in any case they manage, criminal defence attorneys must be vigilant in keeping prosecutors and police responsible at every step of their investigation. Therefore to ensure that the guilty may not escape while the innocent are punished, defence lawyers must take seriously their position as advocates for the innocent and the not-so-innocent.
Therefore in order to serve the mission of protecting the civil rights of a client and serving as a watchdog to monitor the actions of police and prosecutors, a criminal defence attorney must zealously seek independent inquiries into the crime for which a client has been convicted to ensure that the client is either fully exonerated at trial or that there is ample proof to prove the real estate
And although a person who has reached the point of a jury trial is guilty for the majority of cases, defence attorneys are expected to have a reasonable trial opportunity for each client. Guilty or not there is a fundamental right for all to have a fair trial. Reputable criminal defence lawyers understand the right of any person to seek counsel and a firm belief in the adversarial nature of the criminal justice system and sometimes must set aside their feelings to defend people who have committed very serious crimes.