Judge, Prosecutor and Defense Attorney

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Similarly, it's the prosecutor who decides which crime or crimes the defendant will be charged with. For example, a suspect in an armed bank robbery could possibly be charged with the robbery as well as another crime, like kidnapping or attempted murder. The prosecutor has the option of charging the accused with armed robbery only. The prosecutor acts as an agent of the state who is left with the burden of proof to prove beyond a reasonable doubt that the defendant committed a crime or several crimes and is guilty of the charges brought against them. In many cases a prosecutor may offer a plea deal within the requirements of the statutes. However, if the plea is not accepted the case will proceed to trial and the prosecutor will go for the sentence they feel suits the crime.

Defense Attorney

A defense attorney represents those who have or are being charged with a crime in court. As a prosecutor works as an agent of the state, a defense attorney is an agent working for the defendant. The average person will not have an understanding of criminal law or the criminal justice process. However, poor knowledge of law does not serve as a valid defense in court.

Although an individual has the right to represent themselves during criminal trial most citizens do not have the proper education and knowledge of the law to present a valid case before the court as well as go head to head with a prosecutor. Misdemeanors, which are all crimes outside of felonies but usually resulting in fines or short incarceration, As for felonies, which are more serious crimes, that can lead to long prison terms. This is why it is so important to have someone knowledgeable about the law argue on your behalf.

A defense attorney can also help convince a court to drop charges against you based on insufficient evidence or improper procedure. For example, a police officer must have probable cause before making an arrest. Probable cause means a reason to believe that you may have committed a crime. Defense attorneys have a strong understanding of probable cause as it is defined within your jurisdiction and may be able to present a challenge to the officers reasoning in court. If the attorney can show that the officer may not have had probable cause to investigate the alleged crime scene and make an arrest, charges against you may be dropped before a trial even begins.

When you are arrested for a crime, you may be released but if an individual is denied bail or can’t afford to pay the amount set by the court they will be held until circumstances change. Bail is intended to ensure you show up for trial. A defense attorney can attempt to convince the court to set a reasonable bail or have the bail waived all together.

In some cases defendants know their guilty and it’s just a matter of going through the legal proceedings, but your defense attorney will try to enter into a plea bargain with the prosecution. A plea bargain is an agreement to reduce charges to a lesser crime or reduce the sentencing. The defense attorney may act as an advocate throughout the trial and during plea negotiations to increase your chances of receiving a reduced punishment. Most of these deals aren’t one sided, typically the defendants have to give up information or a confession depending on the circumstances of the case ("Defense Attorney or Defence Counsel Definition", 2016). For example, if two individuals where involved in a murder but one did the killing and the other cleaned up, a plea bargain may be a confession on whole did the killing in exchange for the chargers being dropped from murder one two accessory after-the-fact with may cut jail time in half.

They can analyze your case, identifying its strengths and weaknesses. After that a defense attorney will come up with a defense strategy, this strategy will make or break your case because it is what the defenses argument will be based on. Your attorney can also discuss the pros and cons of pleading guilty, especially when a plea bargain may be on the table ("Defense Attorney or Defence Counsel Definition", 2016). Your lawyer can also assist with the standard steps of a criminal trial for example, your due process rights such as right to attorney, right to a jury of your peers, right to know the evidence being brought against and many more. As well as jury selection and providing opening statements to questioning witnesses. And if your trial does not go in your favor, defense attorneys can assist you with the appeals process.

Work Cited

Defense Attorney or Defence Counsel Definition. (2016). Duhaime.org. Retrieved 16 November 2016, from http://www.duhaime.org/LegalDictionary/D/DefenseAttorneyorDefenceCounsel.aspx

judge. (2016). TheFreeDictionary.com. Retrieved 16 November 2016, from http://legal-dictionary.thefreedictionary.com/Judge

Prosecution Function | Criminal Justice Section. (2016). Americanbar.org. Retrieved 16 November 2016, from http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_pfunc_blk.html