Defense Attorney Responsibilities, Tasks, and Defendant’s Mitigation

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A defense attorney is needed if an individual is dealing with a prosecution on either a civil case or criminal case. They are responsible for protecting their clients. When corporations or certain individuals are summoned by the court, there is a high risk of getting a negative judgment towards them. It is the attorney’s job to be the one representing civil defendants or criminals in court as the defendant’s lawyer.

Defense attorneys also develop relationships with their clients as they provide them with advice about the case they are facing, they help them in understanding other legal options, and represent them for their legal needs in court.

What skills should a client look for in an attorney?

There are some skills that defense lawyers need in order for them to effectively defend their clients. These skills include:

  • They should be able to have the ability to work by themselves or with a team of lawyers to develop different case strategies.
  • They should have excellent verbal communication skills as well as written skills.
  • They should also have strong public speaking skills and research skills.
  • They should be able to adapt to certain cases and also be able to pay attention to small details of the case.
  • Lastly, they should have excellent problem-solving skills as well as decision-making skills.

What are the different responsibilities and roles of a defense lawyer?

These are the list of the responsibilities and the roles of a defense lawyer:

  • They are the ones who draft and prepare the legal documents. It includes the appeals as well as the legal briefs. A legal brief is a type of written document that is used in different legal systems that will be presented to the court. The legal brief argues why one party should be the one to prevail in that particular case.
  • They interpret the laws for their clients to help them understand the different legal options that they can use.
  • It is their role to resolve the cases as quickly and favorably as possible.
  • It is the defense lawyers’ responsibility to conduct different sets of research regarding the case. They should also analyze the case for them to determine a possible outcome while thinking of an effective strategy to be able to defend their clients in court.
  • The defense lawyers are the ones who represent their clients not just in court, but also the different hearings as well as arraignments.
  • It is also their responsibility to look for evidence regarding the case to present it to the judge as well as the jury inside the court.
  • They also negotiate the punishments, the plea deals, and the settlements.

Creating a defense strategy

One of the best defense strategies happens when the defense lawyer and the defendant present a story to the judge that is mostly based on the evidence. The main goal is to show the defendant in the best light possible. Presenting this type of story to the judge will help the defense lawyer to a plea bargain, the defendant being convicted on a lesser charge, or even getting a “not guilty” sentence from the judge.

In terms of creating a possible story, the defense lawyer and the prosecutor can both use the evidence and the facts related to the case but come up with two different types of scenarios. It is up to the defendant and the lawyer to come up with the best possible scenario for the situation of the defendant. These are the characteristics that a defendant story should have:

  • It should be based on a truthful foundation that was taken from the evidence as well as the facts that were presented in the case. 
  • It should also have the ability to gain the sympathy of the jury as well as the judge. If possible, include in your story that the defendant tried to quit the crime before it was committed.
  • The defense lawyer should prove and explain why the scenarios that happened in the defendant’s story were the actual event that took place.

Coming up with a type of defense strategy is not as simple as telling the exact truth where it shows that the defendant is innocent or has the legal violations being lessened. It also involves weighing the evidence and witnesses’ credibility. The defense attorney should also figure out the reputation between the police and the defendant. Work with a law firm that specializes in defense like Benari Law. All of this should be taken into consideration while making the “theory of the case” that will be based on the story of the defendant as well as the evidence and the facts found while researching the case. 

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