What is Criminal Defense Law?
You know the rule: “innocent until proven guilty.” Essentially, this means that everyone is entitled to certain legal protections, even those who have been accused of committing a crime. Law enforcement certainly has substantial resources at its disposal, as do criminal prosecutors. Likewise, every individual who is charged with a crime has the right to a proper criminal defense. The area of criminal defense law governs the legal protections of those individuals. Without these protections, there would be no balance of power within the justice system.
The role of the defense attorney
In order to have a balanced and fair justice system, defense attorneys are a necessity. Their goal is to aid in keeping innocent people from going to jail, but more importantly, to safeguard the constitutional protections of the accused, making sure that due process of the law is provided before a person’s freedom is taken away.
A defense attorney’s duties to the client
Be assured that just treatment for a criminal defendant will depend as much on the skill of the defense attorney, as it will on the protections provided by the law. The defense attorney has a duty to understand and properly utilize the applicable constitutional guarantees, to the advantage of his or her client. It is the job of the prosecutor to present evidence to support the charges against the criminal defendant. The defense attorney has the duty of ensuring that the evidence presented was obtained in compliance with the various laws and rules of court. Criminal defendants also have a right to a public trial, and in many cases, the right to have their guilt or innocence decided by a jury. The constitution also provides the right to confront adverse witnesses, and to subpoena the appearance of favorable witnesses, as well.
If you have questions regarding constitutional protections, or any other criminal defense matters, please contact Ketcham Law either online or by calling us at (205) 296-4233.
