The role of defense and civil litigation attorneys in California is multifaceted at best. However, it is not one well understood by the general public. Thanks to Hollywood movies and misunderstandings of the criminal justice system, many Americans struggle to interpret the true role of these legal professionals.
One of the most widespread misconceptions about the criminal defense attorney is the responsibility of proving one’s innocence. In fact, in the eyes of the public, one of the most pre-eminent roles of a defense lawyer is to provide a robust defense in a court of law.
However, the role of civil litigation lawyers is much more complex than this. California’s law views all accused as innocent until proven guilty and does not move to penalize the defendant until sufficient proof or evidence leads to an informed conviction.
A criminal defense lawyer, then, is not tasked with proving the innocence of their client but instead employed to protect the client’s rights and ensure fair outcomes via the proper function of justice.
Let’s look closer at the boundaries expected of civil litigation attorneys in California, including how they support the interests of their clients, encourage the proper flow of justice, and follow local, state, and federal laws while providing a fair trial for the defendant.
How Criminal Defense Lawyers Protect the Rights of a Defendant
Like the prosecution, the duty of a defense attorney is to protect the rights of their client. However, while prosecutors are charged with the burden of proof for convicting crimes, the defense serves in the representation of their client to ensure a fair and reasonable outcome beyond a shadow of a doubt.
Dependents in a court of law are provided with certain rights and privileges that ensure the proper flow of justice from beginning to end.
The prerogatives of the accused are explained in the Fourth, Fifth, and Sixth Amendments—and include such rights as:
- The right to remain silent – The accused does not need to answer every question presented during arrest or accusation. During cross-examination, your defense lawyer may object that a question is improper or irrelevant, which may be upheld by the judge.
- The right to public trials – The defendant may opt for a public trial that private citizens can watch or discuss. This ensures justice is carried out accordingly and not inhibited by unfair processes done in private.
- The right to an impartial jury – If your case involves a criminal or civil trial, impartial jurors will be selected to determine if the evidence is beyond a reasonable doubt. Cases involving theft, robbery, and murder are common examples of suits requiring impartial juries.
The defense attorney you select for your civil or criminal trial will be charged with upholding these rights on your behalf. While the prosecutor is tasked with presenting evidence to back up charges made against the defendants, defense attorneys question the validity of the evidence and ensure miscarriages of justice never take place.
Can a Defense Attorney Get Me an Acquittal?
As mentioned previously, the role of a defense attorney is to monitor the justice process and ensure all decisions are made according to local, state, and federal law.
Your defense attorney may be able to create reasonable doubt surrounding your case and possibly acquit you altogether. There are several ways this may occur in court:
Cross-Examining Witnesses
The prosecution may present various witnesses during the trial to provide proof of wrongdoing or evidence for a certain crime.
However, defense attorneys can also examine witnesses and ask detailed questions regarding their knowledge, story, or memory of the event. If the jury cannot trust a witness’s testimony, there may be enough reasonable doubt to acquit the case.
Investigating Evidence
As the prosecution amasses evidence to convict the defendant in court, they must provide all details to the defense so they may construct a proper strategy.
A good defense lawyer will look closely at these points of interest, including the information or circumstances surrounding the trial. This allows them to support your interests in court and establish the prosecution’s failure to cover all elements.
Legal Counsel
The ultimate role of a defense attorney is to support clients with comprehensive legal consultation and sound, experienced advice. These professionals will represent your interests in court and act accordingly to encourage an equitable result.
Keep in mind acquittals are not a guarantee in any court of law. In these scenarios, your defense lawyer may still be able to work with case judges to negotiate a shorter charge or sentencing. It’s critically important to select the right defense attorney to safely navigate your time in court.
How Do I Hire Defense or Civil Litigation Attorneys in California?
Hiring defense or civil litigation attorneys in California is not a silver bullet that completely acquits you of all charges. Nevertheless, these highly trained professionals have deep experience in civil and criminal trials and will do everything in their power to serve you well.
Securing a seasoned expert for help in the courtroom can make the difference between a successful hearing and a possible conviction.
Getting started with a defense attorney begins with three easy steps:
- Performing some research to locate top defense attorney firms in your area.
- Whittling down the list to only include those with the highest rankings and reviews.
- Calling the office directly to inquire about your case and discuss how their team could help.
Depending on your needs for a legal trial, you’re welcome to turn to the professionals at LibertyBell Law Group. Specializing in civil trials with decades of combined experience, we’ve assisted hundreds of Californian businesses and individuals in navigating their time in court.
To book a free consultation or request a case evaluation, fill out our online form or contact us at 866-320-4854 at LibertyBell Law Group today!
