Criminal defense is a controversial topic in the U.S. Many people wonder how a defense attorney could defend the people they do. But behind the scenes, how does criminal defense really work? Who needs a criminal defense attorney, and why is this constitutional right to defense so vital? If you have questions, get them answered here. Understand every U.S. citizen's right to defense, the steps involved once charged have been made, and why criminal defense attorneys aren't just sticking up for big, bad guilty people.
This presentation was created by Minneapolis criminal defense attorney Carolyn Agin Schmidt in partnership with Happy Dog Web Productions. If you live in Minnesota and would like to discuss how a criminal defense attorney could help you, get started with a complimentary consultation by visiting http://www.caslaw.net/free-initial-criminal-defense-consultation.
5. In order to be prosecuted in court, the criminal charges against
a person must be based on a reasonable cause to believe that
a person could have committed the crime they are accused of.
This is called “probable cause.”
6. However, in trial, the level at which prosecutors have to
prove that a person has committed a crime is higher.
Prosecutors have to prove
“beyond a reasonable doubt”
that a person has committed the crime.
7. The Founders of the United States believed in a just, fair society.
8. Unlike many countries around the world, the
Founding Fathers saw it necessary to protect people
from punishment or imprisonment
without proof.
That’s why the standard to establish legal guilt is so
high… beyond a reasonable doubt.
9. So when a person’s
charged with a crime,
what happens next?
10. The accused person will have to appear in court for their
first court appearance, called an
“arraignment” in misdemeanor cases
and a “first appearance” in gross
misdemeanor and felony cases.
11. At the arraignment/first appearance
After the charges and rights are explained to the defendant, bail and
conditions of release will be determined, and another court
appearance will be scheduled.
At an arraignment the defendant must enter a plea, usually “not guilty.”
At a first appearance there is no plea required. That will happen later in
the case, usually the omnibus hearing or pre-trial.
12. A preliminary or
omnibus
hearing occurs
before trial.
Evidence is presented to
determine whether there
is “probable cause” to
believe the defendant
committed the crime, and
evidentiary challenges are
heard.
14. 1. SELF-REPRESENTATION. Continue with the trial and
represent yourself.
2. PUBLIC DEFENSE LAWYER. Fill out paperwork for a
public defender.
3. PRIVATE DEFENSE LAWYER. Hire a criminal defense
attorney and mount a defense.
15. 1. SELF-REPRESENTATION
It is my professional opinion that one should avoid self-
representation at all times, especially the most serious of
charges.
Often times, people make the mistake of thinking they can
handle a case themselves and pay a lot more for their mistakes
than if they had hired a lawyer.
You should at least consult with a lawyer before deciding to
represent yourself. Most lawyers will give you a free
consultation.
16. 2. PUBLIC DEFENSE LAWYER
For anyone who cannot afford a private attorney you should
apply for a public defender. Public defense is a legal right if you
qualify for a public defender.
However, public defenders can often only devote limited time to
each case because they have so many cases.
17. 3. PRIVATE DEFENSE LAWYER
Private defense lawyers typically have smaller caseloads,
which usually means they have more time and resources to
devote their full attention to a case.
While there are excellent and poor lawyers in both the
public and private realms, clients will likely experience more
personal attention from a private lawyer.
19. In the U.S. legal system, if you’ve been
accused of a crime, you are entitled to:
Due process
The Fifth and 14th Amendments to the
constitution state that no one shall be
“deprived of life, liberty or property without
due process of law.”
Legal counsel
The Sixth Amendment to the Constitution
says
“In all criminal prosecutions, the accused
shall enjoy the right… to have the assistance
of counsel for his defense.”
20. The definition of criminal defense
Criminal defense involves building a defense in favor
of a person who has been accused of a crime – the “defendant.”
In criminal defense, a lawyer will advocate for their client, creating the
best possible defense in their favor in order to reach the best possible
outcome for the case.
21. What are the
goals of
criminal
defense?
Even in cases where guilt seems
very apparent, the full burden of
proof is still on the government.
Criminal defense
forces the prosecution
to prove the charges, negotiates in
favor of the defendant, and
leverages the playing field for the
defendant so that the outcome of
the case is less harsh.
23. A defense attorney’s job is notto cover up or hide a person’s
perceived wrongdoing. Many attorneys do not even ask if their client
committed the crime.
Instead, a defense attorney’s job is to provide a strong defense that
forces the prosecution to provide prove guilt beyond a reasonable
doubt.
A person is “innocent until proven guilty,” and a criminal defense
lawyer mounts a defense that challenges the case against their
client.
24. Criminal defense focuses on the
prosecution’s case against a client.
Often, charges seem too strong, or the trial may not
provide substantial evidence to match the charges. A
criminal defense lawyer will fight for charges that match
the evidence, and for a just punishment, if any punishment
is warranted. Sometimes, they’ll fight for their clients’
innocence, and for an acquittal.
27. They did it, but… Intoxication
Self-defense Entrapment
Mistake of law or
mistake of fact
Necessity
28. What criminal defense lawyers commonly
seek for their clients
• Reduced/waived bail
• Prevented conviction
• Dismissed charges
• Acquittal
• A just, fair punishment,
often less harsh than
what the prosecution
seeks
29. The defendant has options to resolve
their case:
Plead guilty to the charges or plea bargain to prevent the
case from going to trial, which may result in reduced charges or
lesser sentences.
Plead not guilty and have a trial by a jury or judge.
31. A criminal defense lawyer
Knows the local court, laws, and procedures – and how to build the most
effective case when dealing with a certain judge or prosecutor.
Can advise a client on whether or not to plead guilty, based on the facts of
your case, and help determine a possible plea bargain.
Is familiar with all types of defenses, and will find the most effective
defense for your case.
Can coach a client on what to divulge in court.
Will provide support and guidance through an often emotional, trying time.
Advocates for a client to the best of their ability.
32. Ultimately, a criminal defense attorney wants to prevent unjust convictions
and/or punishments…
36. Criminal defense lawyersdeal withall sortsof charges.
General
criminal
charges
DUI/DWI
Domestic
assault
Theft and
fraud
White
collar
crime
Sex
crimes
Traffic
violations
37. With their legal expertise, lawyers can
turn the tide
for a person who’s facing charges, resulting in a positive
outcome, protecting a career, and ensuring that they can
continue to live their life.
38. Thank you for reading
If you’re in the Minneapolis or Duluth area and need an
experienced criminal defense lawyer,
The Law Office of Carolyn Agin Schmidt offers free criminal
defense consultations for Minnesota clients dealing with a
wide variety of criminal charges.
To learn more, please visit http://www.caslaw.net/.