The Person and Role of Criminal Defense Attorney Explained

When you have criminal charges against you in Kansas, it is imperative to have a local legal representative. In this case, that means a criminal defense attorney. Criminal defense attorneys are much more than regular lawyers.

They have experience dealing with criminal cases held against entities, individuals, and corporations. Their expertise is important in cases where felonies and misdemeanors are involved, and where stakes are high in state laws. They engage in diverse criminal justice processes, from investigations to arrests, and sentencing. Understanding what they do will help you know if and when you need their services.

What Criminal Defense Attorneys Do

The following are the roles they play when they represent people facing criminal charges:

• Case Investigation

A defense attorney, either court-appointed or private, will commence an investigation during your first meeting. They will collect as much data as possible to prove your innocence. Also, you will be called in for questioning. Your answers, however, will tell the type of defenses and legal options available to you.

Furthermore, your criminal defense attorney will collect the police report concerning your case and identify the strategies the law enforcement agencies used to gather information and evidence. They might interview witnesses just to know more about your case.

• Defense

If the court does not agree to a plea deal, the case will be tried. Your criminal defense attorney will present your case to the judge and jury, giving details about what happened and cross-examine reports of the witnesses. That way, your attorney might be able to convince the court that you do not have a burden of proof yet.

To increase the likelihood of obtaining a “not guilty” sentence, the criminal defense attorney might have to make compelling arguments and provide multiple pieces of evidence. To support your arguments, they might consult a qualified witness. In addition, your attorney may move to overturn evidence that was obtained illegitimately, request a new trial location, or even have your charges dropped.

• Guidance Through the Entire Legal Process

Criminal defense attorneys with in-depth experiences with cases similar to yours might help you navigate through the legal process.  Your attorney understands and will help you follow written regulations and rules, which include local judiciary laws. Also, they are familiar with diverse unwritten laws that are specific to Kansas.

For example, in some states, prosecutors might not be willing to negotiate plea deals with the defendants and those who represent them. However, such happens in extreme cases like death.

A criminal defense attorney who understands Kansas’ laws and legal processes can also search for information about past court decisions in cases similar to yours. Using that knowledge, they can take advantage of the case with the Fourth Amendment of the U.S. Constitution to know whether your arrest was legitimate.

• Sentencing

Your defense attorney can sit with you through the sentencing stage. Their work is not done. Before the judge convicts you, your attorney might try to convince the court of possible ways they can reduce the sentence period and possible options for incarceration.

Which Is Best? A Private Criminal Defense Attorney or a Court-Appointed One?

Most defendants in Kansas believe that hiring a private attorney is best simply because they will have enough time to represent their case effectively. However, research has shown that both types of defense attorneys have the same level of expertise in the field.

The thing is, what can indicate if a criminal defense attorney can give a quality representation is dependent on their skills, experience, and commitment, whether private or court-appointed.

Conclusion

“An attorney is not great because they know all the laws, but because they know where to find those laws and how to apply them effectively,” says Attorney Tom Addair of Addair Law. WHen hiring a criminal defense attorney in Kansas, if the court has not appointed one for you, choose an attorney who understands local laws and is familiar with the prosecutors and judges in the area. It is also advisable to seek referrals from people you trust.