What to Expect From Your Criminal Defense Attorney

Steve Thompson,Yahoo! Contributor Network
Jan 27, 2008

The worst has happened: You've been arrested, either because you committed a crime, or because the police think you did. Either way, you're going to need a competent criminal defense attorney to represent you at trial. Of course, if you've never been involved in a criminal case before, you might have no idea what to expect from your criminal defense attorney, who essentially holds your fate in his hands.

1- An Ethical and Active Defense

Your criminal defense attorney's first priority is to give you an ethical and active defense for the charges on which you have been arraigned. This means that he must adhere to the laws set forth by the state and country where you reside, and he must take reasonable action to ensure you are properly defended.

This might seem quite vague, but it is actually very clear. If your criminal defense attorney fails to ethically and actively defend you against the charges you face, he shouldn't be allowed to continue his law practice. Not only is he your attorney, but he is also considered an officer of the court, and is therefore bound by the rules of his profession.

If your criminal defense attorney isn't taking reasonable steps to ensure your acquittal (or whatever result you desire), you need to find someone else to represent you. For example, if he fails to interview witnesses who might be able to provide an alibi for the time during which you supposedly committed a crime, or if he doesn't follow up on obvious leads, you are not receiving an adequate defense.

2- Full Disclosure of Options

Many people are under the impression that a criminal defense attorney is supposed to do whatever he thinks is best. While he might know more than you do about the law, however, he is required to provide full disclosure of options to his client. This means that you, the client, are allowed to make your own decisions about your defense, regardless of the attorney's opinion.

For example, if your criminal defense attorney things that you should go to trial on an assault charge, but you would rather plead it out with the prosecutor, your wishes overrule his. He should provide you with a full explanation for your options, then allow you to decide which is best. Of course, he should provide a professional recommendation to assist, but the end decision lies with you.

Some criminal defense attorneys have had their licenses revoked for failing to disclose options to clients. For example, high profile cases attract plenty of publicity, and it serves an attorney's career to go to trial, which milks as much press coverage as possible. However, the client's desires are always considered over the lawyer's.

3- Preparation

Most people have no idea what to do or how to act throughout the legal process, which is party of the criminal defense attorney's job. He should walk you through the motions step-by-step and offer to answer questions about things you don't understand. Not only is this to provide you with comfort, but also to ensure that you follow the rules set forth by the courts.

If you aren't adequately prepared for arraignment, for example, you might enter a plea that you wouldn't otherwise, or say something out of turn. Judges don't like it when attorneys don't prepare their clients, so make sure you get the information ahead of time.

4- A Full Examination of the Case

Plenty of work goes into a trial, and your criminal defense attorney should spend adequate time on your case to make the right decisions. He must interview witnesses, examine evidence, review grand jury testimony, participate in discovery, discuss potential plea bargains with the prosecutor, and consider multiple avenues of defense.

No case, regardless of how similar, is exactly the same as any other. Defense strategy must be prepared in advance, and with regard to the specifics of that particular case. Just because your criminal defense attorney has won fourteen DUI cases in the last year doesn't mean that he can use the same defense on yours. It won't always work.

5- Development of a Theme

The theme of a criminal trial is what a defense attorney derives as the basis for his strategy in court. It is comprised of a theory of the crime, a substantial alibi, and an interpretation of the evidence. This will probably be different than how the prosecutor presents his case, and this is the way it should be.

You can expect your criminal defense attorney to spend significant time outlining his theme, from start to finish. It will be referenced in his opening statement to the court, if the case goes to trial, and will continue to be harped upon throughout the trial for the benefit of the jury. If he falls away from his theme, the case falls apart and the jury doesn't see it as credible. As you can see, this is one of his more important jobs.

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