A criminal defense attorney is a lawyer who serves as a defendant’s guide, counselor, and advocate after the defendant has been charged with a crime. The defense attorney is typically either hired by the defendant or appointed by the court to represent an individual. While there can be differences between private attorneys and court-appointed attorneys in terms of pay and overall workload, any criminal defense attorney has the same goal: to represent their client to the best of their ability and fight to protect a client’s liberty.
When You Would Need a Criminal Defense Lawyer
If you have been charged with a crime in Fort Worth, Texas, you have the right to an attorney. The Sixth Amendment of the U.S. Constitution guarantees a right to legal counsel for those facing criminal charges – whether they can afford an attorney or not. If you cannot afford an attorney on your own, the court will appoint an attorney for you. The right to court-appointed counsel typically does not kick in until you have been arraigned on a criminal charge.
In some situations, it is advisable to consult a criminal defense attorney before you are charged with a crime. For example, if police seek to question you about an ongoing investigation or you are subpoenaed to testify in a matter, a lawyer can help you understand your rights. At this stage, an experienced criminal defense lawyer can explain whether you might face charges or what you should say to investigating agencies.
Can You Represent Yourself In a Criminal Case?
You have a legal right to represent yourself in a criminal case. If you choose not to hire a lawyer, or you do not want the assistance of court-appointed counsel, you can represent yourself. This is rarely advisable, however. A criminal case can be highly complex based on the procedures involved, rules of evidence, and case strategy. Choosing to go it on your own can limit your own chances of success at trial.
What Does a Criminal Defense Lawyer Do at the Start of the Case?
First, your lawyer will meet with you personally to talk about your case. The criminal defense lawyer will seek as many details about the case as they can find. A good attorney will leave no stone unturned in getting to the truth of the case. To prepare a strong defense, your lawyer will need all information available – good or bad. Knowing the possible strengths and weaknesses of your case early on will help you going forward.
In addition to getting information through questions, a Fort Worth criminal defense attorney will investigate the case further. This will involve reviewing all police reports, analyzing evidence, and interviewing witnesses. Evidence can include physical evidence, photos, video surveillance, and many other types of information that can impact a criminal case. An experienced criminal defense lawyer could also be familiar with expert witnesses who can testify on your behalf during a trial.
In short, your lawyer will review all available information – including all information used by the prosecution – to find holes in the case and help you avoid a conviction.
Pretrial Motions and Plea Bargain Negotiations In Your Criminal Case
As part of your representation, a lawyer will argue your position in court and file motions when needed.
Pretrial motions in a criminal case can involve issues such as:
- Modifying bond amounts
- Modifying bond conditions
- Suppressing evidence that may have been unconstitutionally obtained
- Excluding witnesses from the trial
- Changing venue (the location where the trial will be held)
- Dismissing the case altogether.
A motion is heard before the judge in your case, and a ruling will be made based on the documents filed and arguments of both attorneys. A wise criminal defense attorney will know what motions to file and when. Filing frivolous motions can often backfire, and an expert attorney will know how to avoid those mistakes.
As a case proceeds, your criminal defense lawyer will also handle discussions about the case and possible settlement with the prosecutor. The goal at this stage is to negotiate a favorable deal that can reduce the charges against you, lessen your punishment, or both. Smart negotiations in a criminal case usually require experience from handling similar cases before. Not all criminal defense attorneys will have the same level of skill, background, and aggressiveness needed to get the best possible plea deal in your case.
Handling a Jury Trial In Your Criminal Case
If your case does not settle through plea negotiations, a trial is the next step. You have a constitutional right to a jury trial in a criminal case.
A criminal trial involves the following steps, generally:
- Opening statements. Attorneys for both sides will explain what the case is about, what their position is, what evidence they plan to present, why this will support their claims, and the issues a jury will decide upon. Your lawyer will lay the framework to show the jury why they should not convict.
- Presentation of the evidence. Both sides have the opportunity to present witness testimony and evidence to support their arguments. Your criminal defense lawyer will introduce witnesses and exhibits to convince a jury that you should be acquitted. A trial-tested lawyer will also know how to object to statements made by the prosecution’s witnesses and object to certain evidence they try to introduce.
- Closing arguments. This is the opportunity for attorneys to summarize the evidence presented and make their final arguments to the jury. Before a jury deliberates, your attorney will make an effort to persuade them through a strong closing argument. Surveys have shown that strong closing arguments can be a decisive factor in a jury’s decision. A skilled criminal defense lawyer will know how to use this part of the trial to your advantage.
A Texas criminal trial will involve either 6 or 12 jurors, depending on the nature of your case.
A Fort Worth Criminal Defense Attorney Can Help You Today
Whether you are being investigated or have already been charged with a crime, a dedicated Fort Worth criminal defense attorney at Cofer Luster Criminal Defense Lawyers can help at (682) 777-3336. Facing criminal charges is one of the most stressful experiences a person can go through. An attorney will help you navigate the process and build the most effective defense strategy possible under the circumstances.
