Understanding the Role of a Criminal Defense Attorney: Why Expertise Matters 

Being arrested is one of life’s most stressful events. Your very freedom is at stake. Even if you aren’t facing jail time, your finances and your future plans will be affected. Luckily, you don’t have to go through this stressful time alone. A Marin County criminal defense attorney can help you through the process.

Deciding to hire a lawyer is a good first step, but how do you choose the right lawyer for your criminal case? There are many factors to consider, but experience is one of the most important.

This article explains the steps in the criminal case process, how a criminal defense attorney can help, and why experience matters when choosing an attorney.

Key Steps in a Criminal Case

While there may be slight differences from time to time, most criminal cases include the following events:

Arrest, Arraignment, and Bail   

Most criminal cases begin with an arrest. During the arrest, the police must read the suspect their Miranda rights. These rights inform the accused of their right to remain silent and their right to counsel during any police interrogation.   

The arraignment is the accused person’s first time in court. The judge will read the charges and advise the defendant of their legal rights. The suspect will also be given the opportunity to enter a plea. Judges also consider bail at the arraignment.

Pre-Trial Phase

Several things happen prior to trial. Both sides will keep investigating the case. As new facts come to light, the prosecution may add or remove charges. Additionally, the prosecution must turn over any evidence that could potentially help prove your innocence.

Before trial, the parties will have the chance to file motions about witnesses, evidence, and any legal issues. The prosecution and defense will also begin plea negotiations. If the defendant accepts the plea deal, there will be no trial. The case will proceed to the sentencing phase.

Trial & Verdict 

If the accused doesn’t enter a guilty plea, the case will proceed to trial. At trial, the court will bring in a panel of potential jurors. During a process called voir dire, attorneys on each side ask the potential jurors a series of questions to determine whether their presence on the jury would help or hurt their chances. Eventually, 12 jurors will be selected.

After jury selection, each side will give its opening arguments. Then the prosecution will present its case. Because the prosecution has the burden of proof, the defense doesn’t have to present any evidence. However, in California, if the defendant wants to raise an affirmative defense, like entrapment, self-defense, or insanity, the defense will have to put on evidence to support it.

After the closing arguments, the judge will instruct the jury on the law. Then the jurors will be excused to deliberate. All 12 jurors must agree on a guilty verdict. If the verdict is not guilty, the accused will be free to leave. After a guilty verdict, the court will set a sentencing date.         

How a Criminal Defense Attorney Can Help You Through a Criminal Case

An experienced Marin County criminal defense lawyer can help you at every stage of your criminal case.

During arrest, arraignment, and bail, a defense attorney can:

• Be present during your police interrogation to protect your rights and prevent you from saying something that might damage your case,
• Explain your legal rights and obligations,
• Argue that you should be released on your own recognizance rather than having to pay bail as a condition of release, and
• Argue for a lower bail amount.

During pre-trial, a defense attorney can:

• Investigate your case,  
• Find and prepare witnesses and other evidence,
• Ensure that the prosecution turns over helpful evidence as required,
•  Advise you on the pros and cons of going to trial or pleading guilty,
•  Help negotiate a fair plea agreement, and
•  File motions to ask the court to exclude evidence taken in violation of your constitutional rights.

During trial, your lawyer can

• Cross-examine the state’s witnesses,
•  Object to improper prosecution questions, and  
• Argue for a lighter sentence if you are convicted.

Additionally, at any stage of your case, a lawyer can keep track of upcoming court dates and communicate with the court on your behalf.

Why Experience Matters for Criminal Defense Attorneys

If you needed a major surgery, you wouldn’t choose a doctor who’d never been in an operating room. The same is true for legal professionals. Experience matters for many reasons.

• Experience enhances legal know-how. Every case gives an attorney an opportunity to learn new legal rules. With each new client, the lawyer’s knowledge of the law increases. More time in practice means more time to acquire knowledge.  

• Experience builds relationships. Criminal defense lawyers often appear before the same judges, face the same prosecutors, and encounter the same court staff. Over time, attorneys learn how various judges and prosecutors handle criminal cases. This experience helps lawyers tailor their defense strategy.

• Experience builds networks. A successful defense strategy often requires nonlegal staff like investigators and expert witnesses. After practicing for several years, a lawyer will have a long list of experts that can call on to help with a variety of cases.

• Experience helps you. Although every case is different, many cases share common issues. A lawyer who’s worked on a case similar to yours will be able to use that past experience to benefit you.

Beyond experience, as you look for an attorney, you should also consider

• The lawyer’s reputation,
• Reviews from prior clients,
• Their fee and payment structures, and
• How you feel while talking to them.

Hire an Experienced Marin County Criminal Defense Attorney

Criminal charges can change your life, but you have rights. The best way to protect these rights is to hire an experienced criminal defense attorney. The Marin County DUI attorneys at Brownstein Law Group have over 40 combined years of experience handling criminal law matters. If you’ve been arrested and need legal representation, contact Brownstein Law today.