Who are criminal defense lawyers?
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The Evans Criminal Defense Law Firm in Colorado.

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A criminal defense lawyer is an lawyer who specializes in the defense of individuals or companies charged with crimes. Criminal defense lawyers may be private lawyers or court-appointed, indigent defense lawyers, also known as public defenders. Criminal defense lawyers deal with all issues relating to an individual’s arrest, including investigation, challenges to the arrest itself or charges filed, plea bargaining, and trial. 

Under the United States’ Constitution, all people are presumed innocent until the state proves each essential element of a crime beyond a reasonable doubt. Serious crimes, or felonies are tried to juries of twelve (12) people and require a unanimous verdict for either conviction or acquittal. In Colorado, misdemeanor crimes are tried to juries of six (6) and also require a unanimous verdict for conviction or acquittal. If the jury cannot reach a unanimous decision, it is known as a "hung jury” and may result in retrial of the defendant.

Criminal defense lawyer

Criminal defense lawyers actively represent their client’s case through all stages of a criminal prosecution. It is the job of a criminal defense lawyer to provide zealous advocacy for their client. A criminal defense lawyer must have a clear understanding of the Constitutional rights afforded to all criminal defendants. These rights include Fourth Amendment protections against unlawful searches and seizures, Fifth Amendment protections against self-incrimination, and Sixth Amendment rights to counsel to name a few. To read about your rights in a criminal case in more detail, click here. 

A good criminal defense lawyer will look at all stages of the criminal proceedings from arrest through trial and if necessary appeal to ensure none of the client’s Constitutional rights are violated. Initially, the criminal defense lawyer will review the charges and police reports to determine if any Constitutional violations occurred at this stage. With felony and misdemeanor matters, the lawyer may challenge probable cause for the arrest either through a preliminary hearing, grand jury process or a motions hearing. The case can continue only if probable cause existed for the arrest. 

Criminal defense lawyers also review case material for violations of a person’s Constitutional rights that may render evidence inadmissible at trial. Consequently, a criminal defense lawyer spends a considerable amount of time prior to trial reviewing all documentation to see if the case can be dismissed on Constitutional grounds. If the criminal defense lawyer cannot get the case dismissed on Constitutional grounds, much of the work turns to negotiation and trial preparation. Criminal defense lawyers often work to arrange a deal or plea bargain that allows the client to admit guilt to a lesser offense, often with an agreed upon sentence should the client accept the offer. Throughout this process, the lawyer is preparing to defend the client at trial. Read more about criminal defense lawyers at The Evans Criminal Defense Law Firm or contact us at (303) 221-3634 .

To read about Attorney Michael D. Evans, J.D., M.B.A., a criminal defense lawyer at The Evans Criminal Defense Law Firm, click here.