What Is the Role of the Defense in a Criminal Case?

Are you facing criminal charges in Akron, Ohio? If so, you might have questions about the role a criminal defense attorney could play in your case. Here’s an overview of the defense’s responsibilities during each phase of a criminal case.

Building a Defense Strategy

Defense lawyers start by reviewing every detail of a criminal case to build solid defense strategies. They gather evidence, such as documents, photos, and video recordings, to back up their client’s side of the story. They speak with witnesses and ask detailed questions to uncover facts that strengthen their defense. They also review the prosecution’s evidence to identify weaknesses in the government’s case. The defense gathers all these facts and prepares arguments to create a defense plan that protects the client’s rights and addresses the prosecution’s claims.

Pre-Trial Responsibilities of the Defense

Next, before the trial begins, the defense lawyer handles several key tasks. They represent their client at bail hearings and present arguments that could lower the defendant’s bail or allow their release. They might also discuss plea deals with the prosecutor, which can sometimes result in reduced charges or lighter sentences. Additionally, defense lawyers can file motions with the court to exclude improper evidence or limit the prosecutor’s case. These pre-trial steps can significantly affect the trial’s outcome, and a strong pre-trial strategy can strengthen a client’s position in court.

The Role of the Defense During Trial

During a criminal trial, the defense lawyer actively challenges the prosecutor’s evidence and arguments. They cross-examine the prosecutor’s witnesses to identify inconsistencies or highlight facts that support the defense. They also present evidence and call witnesses who strengthen their client’s case. The defense lawyer makes both opening and closing statements to the jury to summarize their arguments and reiterate key points. Defense attorneys question evidence, present strong arguments, and respond to prosecutor’s cases to achieve the most favorable results possible for their clients.

The Role of Defense Investigators and Experts

Defense lawyers often rely on investigators and experts to gather present information that strengthens their cases. Defense investigators might interview new witnesses or locate evidence that supports a client’s story. They might also uncover details that challenge the prosecution’s claims. Experts can provide specialized knowledge on complex topics like DNA analysis, accident reconstruction, or mental health. Defense attorneys hire these professionals to add detailed insights and facts that might otherwise remain unknown. This added information can play a major role in building a strong defense.

Post-Trial and Appeals

If a trial ends with a conviction, a defense lawyer can work on their client’s appeal. In an appeal, the lawyer identifies possible mistakes that occurred during the trial and files documents to challenge the verdict or sentence. For instance, they might argue that the judge allowed improper evidence or that their client’s rights were violated. If the appeal succeeds, the court might reduce the sentence or even order a new trial. If an appeal isn’t possible, defense attorneys can still explore other options, such as requesting a lighter sentence or seeking new evidence that could impact a trial’s outcome.

Contact a Trusted Defense Attorney in Akron, Ohio

If you or a loved one faces criminal charges, call DiCaudo, Pitchford & Yoder today. Our team offers a free initial consultation to discuss your case and explain how we can help. Don’t face this process alone—contact us now to get experienced legal support on your side.