Defense Attorney Documents

Can a defense attorney offer generalized media commentary about a case?

(i) A defense attorney uninvolved in a matter who is commenting as a media source may offer generalized media commentary concerning a specific criminal matter that serves to educate the public about the criminal justice system and does not risk prejudicing a specific criminal proceeding.

defense attorney duties

What is the difference between a criminal defense attorney and civil defense?

The primary difference between a criminal defense attorney and a civil defense attorney is that the latter defends his client against charges leveled by someone other than the government.

What are the duties of a criminal defense attorney?

Assessing the Case. A criminal defense attorney's role begins long before he sets foot in a courtroom for trial. He must have a firm understanding of every detail of his client's case. Some large law firms have investigators on retainer to do the work of interviewing the state's witnesses and potential witnesses for the accused.

What is a defense attorney called?

Defense attorneys are also known as criminal defense attorneys. When there are district attorneys to file charges against a person, then shouldn't there be a lawyer to defend the accused in the court. That is the main job to the defense attorneys, to defend the accused in court.

defense attorney duty to investigate

Who can conduct an investigation of Defense Counsel’s conduct?

At a minimum, an investigation of defense counsel’s conduct should be conducted by a prosecutor who has not been involved in the initial matter or in ongoing matters with that defense counsel.

What does a defense attorney do in a criminal case?

A job of a defense attorney, therefore, is to make sure you are not convicted unless the State has met its burden. Although most defendants do put on a defense, a defendant is not even required to do so at trial because the burden rests with the State to prove the defendant guilty.

Why would a defense attorney order an investigation?

One of the most common reasons for a defense attorney to order an investigation is because it appears that the police didn’t do a very thorough job in their investigation. Sometimes the police find something they think is incriminating, or they find a potential suspect, and they simply stop investigating any further.

Do lawyers have a duty to investigate their clients?

Experts say lawyers have a duty to investigate whether their clients’ accusations have support or are without merit.

defense attorney duty to turn over evidence

Can a defendant be forced to turn over evidence in court?

Defendants have argued that forcing them to turn over evidence to the prosecution in advance of trial violates their Fifth Amendment right to silence and the privilege against self-incrimination. But courts have upheld so-called reciprocal discovery laws.

Does discovery have to be turned over before trial?

But, at least in some sense, discovery is a two-way street: Defendants have to turn over certain information to the prosecution. Defendants have argued that forcing them to turn over evidence to the prosecution in advance of trial violates their Fifth Amendment right to silence and the privilege against self-incrimination.