What Defense Lawyers Do
By requiring the state to prove its case and helping defendants understand their options in the criminal justice system, defense attorneys can help ensure that the state doesn‘t send innocent people to jail and that individuals who commit criminal offenses receive appropriate sentences that punish without leading to unnecessary prison and jail overcrowding.
The U.S. Supreme Court has repeatedly recognized the essential role that defense attorneys play in the proper functioning of the criminal justice system. For example, in Gideon v. Wainwright, the Court stated:
Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible... Without [the guiding hand of counsel], though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence.
372 U.S. 335, 344-45 (1963)
(quoting Powell v. Alabama, 287 U.S. 45, 68-69 (1932))
When you are charged with a crime, a defense lawyer, either hired or court-appointed, is the only person whose job it is to fight to protect your rights. A defense lawyer should:
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Explain the offense you are charged with, the possible punishments, and probation options
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Advise you of your rights and explain what to expect during the different stages of the criminal process
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Investigate the facts of your case
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Ensure that your constitutional rights are not violated by law enforcement conduct or in court proceedings
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Provide a knowledgeable, objective view of your situation and give you advice
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Explain what is likely to happen if your case goes to trial
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Understand local court customs and procedures that aren‘t written down anywhere
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Negotiate a plea bargain with the prosecutor on your behalf — possibly arranging for reduced charges, a shorter sentence, probation and/or a disposition that avoids certain employment, immigration, and/or other collateral consequences of conviction — if you decide to plead guilty
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Cross-examine government witnesses, object to improper questions and evidence, and present applicable legal defenses if you decide to go to trial
