Every day, people have to respond to criminal charges. They may have to appear in court and deal with prosecutors, law enforcement, and court staff. It’s not easy. You need help but may not know much about criminal defense lawyers. The following fast facts about criminal defense lawyers may help if you need an attorney in the future.
1. Our Personal Feelings Don’t Matter
We take criminal defense very seriously. People who have been charged with crimes need help, and we are here to provide it. How we feel personally about the crime should not affect our representation of you.
2. It’s Your Constitutional Right to Have a Criminal Defense Lawyer
The Sixth Amendment to the United States Constitution states:
“In all criminal prosecutions, the accused shall enjoy the right to … have the assistance of counsel for his defense.”
If a crime has been alleged against you, then you have the right to have an attorney represent you in court.
3. We Research the Jury
Many cases are settled before trial. When cases do go to trial, it’s usually before a jury. Before and during a trial, lawyers may do a little research on the individual jurors. Sometimes a juror may have lied or misrepresented something during jury selection that could affect their ability to reach a verdict. Jurors must be as impartial as possible.
4. Criminal Defense Lawyers Watch for Body Language Cues from the Jury
Attorneys, their staff, or jury experts often read the jury during opening statements, testimony, and closing statements. By watching how the jurors react to evidence and testimony, the attorneys can speculate whether an argument is working or not. For example, jurors may nod when they agree with something, but shake their head or frown when they disagree. Body language cues from the jury can help the attorney change course if necessary.
5. We Instruct Our Clients Not to Talk About Their Cases
During an arrest, law enforcement officers include the following sentence in their Miranda warning: “Anything you say can and will be used against you in a court of law.” This statement does not just apply when you are in police custody. Telling friends, family, and cellmates about your case is a huge mistake that could lead to very negative consequences.
6. We Often Like “Can’t Win” Cases
Every case is important to criminal defense attorneys. However, a ‘can’t-win’ case gives lawyers a chance to use their skills, training, and experience to help someone who very badly needs their help.
7. Criminal Defense Lawyers Realize that Jurors Watch True Crime and Police Shows
It’s impossible to ignore this important part of our culture. Many jurors have watched shows like NYPD Blue, Law & Order, and NCIS, as well as other popular crime shows. Unfortunately, in some cases, jurors may feel they know or understand more than they actually do. Your lawyer will keep this in mind while preparing your case.
8. We Pay Attention to Public Opinion
Jurors and others involved in your case may be influenced by information in the news or being spread by word of mouth. Society generally frowns on certain crimes more than others. Lawyers know this and may use this fact while working on your defense.
9. Criminal Defense Attorneys Cannot Tell Anyone if Their Client Confessed
Communications between a client and attorney are to remain confidential under most circumstances. Lawyers usually are prohibited from revealing anything their clients have said.
10. We Know It’s Possible to Fight Forensic Evidence
Law enforcement obtains some evidence by scientific means. Blood tests, DNA tests, blood spatter analysis, and ballistics testing may be admitted as evidence at trial. Often, people feel a defendant cannot challenge this type of evidence. Your experienced attorney knows that it is to challenge forensic evidence.
