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  • Default Asked on September 15, 2022 in Law & Ethics.

    Despite the ample scope for high pay and job autonomy, any criminal defense attorney faces a wide range of challenges in their roles. I have identified the three major problems that they face as follows- difficult clients, negative public perception, and stress. 

    Demanding Clients 

    Difficult clients and their kin are often very tough. Defense attorneys need to depend on the honesty and authenticity of the information from clients to offer the best possible defense. When clients provide wrong information, then the attorney gets fooled in court. Moreover, a few clients resort to crimes that are symptomatic of an intense problem, for example, lack of parental oversight, individual accountability, or respect for others. Clients may also be demanding and expect unrealistic things from the defense lawyer given the facts of the case. 

    Negative Public Perception 

    Media coverage of crimes and suspects is another major challenge even for the best lawyers in California. The public mostly nurses a vengeful spirit toward accused criminals, particularly in more notorious crimes or those of a sensitive nature. Defense lawyers need to deal with the common public reaction that they are shady and protect suspects they believe or know are guilty. 

    The general public doesn’t realize that the defense attorney plays a significant role in the American justice system by defending the basic and constitutional rights of those suspected of a crime. Though, the tactics adopted by a few defense attorneys are questionable once their case is weak. The common ethical violations alleged against defense attorneys are spinning the facts to complicate and manipulate the jury and bring disrepute to the profession. 

    Stress 

    Stress increases once new evidence is presented. Lawyers may spend hours in the evening after a hectic day in court researching testimony and evidence and preparing notes for the next hearing. When an innocent client is implicated and found guilty, it adversely affects the lives of the client and his family and the fame of the attorney. 

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  • Default Asked on August 1, 2022 in Law & Ethics.

    At the very outset, you need to realize that a prosecutor or a criminal lawyer, and a criminal defense lawyer are both attorneys who need to finish law school successfully. Both need to clear the bar exam in their states and be sworn in as lawyers. However, the primary difference is that the prosecutor represents the interest of the state or Federal government in court, and the criminal defense attorney is hired for a particular person who’s been charged with a crime. The bottom line is that each is on the opposite side of the courtroom. 

    Another difference is that criminal lawyers deal exclusively with criminal matters, whereas criminal defense lawyers can represent clients in criminal matters as well as civil matters. Criminal lawyers try to convict a person who they believe has committed a crime whereas a criminal defense lawyer will defend the rights of the accused and try to convince a jury that their client wasn’t guilty. 

    Criminal defense lawyers can be appointed by an individual or they can be appointed by the court. In maximum jurisdiction, there’s a public defender’s office to employ lawyers to represent criminal defendants who can’t afford to hire any of the best lawyers in California. Normally, a public defender is employed by the state or county court to act as the criminal defense lawyer. Usual cases that a criminal lawyer may represent range from fraud to domestic violence to DUIs. 

    Theoretically, the prosecutor, working for the district attorney’s office, represents “the people’s” interest in the criminal courtroom. Whenever someone is suspected of a crime, then that person will be arrested and will ultimately be involved in a trial in front of a judge and jury. The prosecutor will gather all of the evidence and present it to the jury and try to convince the jury of the guilt of the accused, by questioning witnesses, victims, and experts, and submitting evidence. The defense lawyer will refute the charges and prove that the accused is innocent. 

     

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  • Default Asked on June 6, 2022 in Law & Ethics.

    The primary task of a defense attorney is to represent a defendant in court proceedings. Most often, they appear in criminal court whenever any defendant has been accused of committing a crime such as any kind of burglary or murder. Whether the accusations against the defendant are an offense or a major felony, they are authorized to avail themselves of a strong legal defense, and it is the moral responsibility of the defense attorney to deliver this as the best lawyers in California do. 

    Maximum legal matters that are managed by defense attorneys start months before the trial date. Their services may be utilized to secure the rights of a person who is yet to be charged with a crime, but suspects that they may be arrested soon. In this manner, the defense attorney can be present for any interviews with law enforcement and may advise their client regarding which questions should or should not be replied to. 

    A defense attorney provides other services such as arguing for bail on behalf of their client. They’re also supposed to negotiate a plea deal with the prosecution in an endeavor to resolve the charges faster and with utmost efficiency. 

    As negotiations and plea bargains fail, the defense attorney gears up to represent their client in court. By making proper usage of deposition transcripts and the proof, the defense attorney develops a strategy to secure the rights of their client. The prosecution will be responsible for proving to a jury that the defendant is guilty beyond a reasonable doubt. Though the defense does not bear the burden of establishing the innocence of their client, they are free to present evidence that proves their client’s innocence or that could cast doubt on the client’s guilt in the minds of the jury. 

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