The Role of a Criminal Defense Attorney in Indianapolis
After a person is arrested and charged with a criminal offense in Indianapolis, they have the right to hire an attorney. This right is guaranteed by both the federal and Indiana Constitutions. The nation’s and Indiana’s Constitutions state that if you cannot afford an attorney, the court is required to appoint an attorney to represent you at no cost.
While you know you need to hire an Indianapolis criminal defense attorney if you are facing criminal charges, you may not clearly understand the role and responsibilities of a criminal defense attorney. Below, we discuss the role and responsibilities of a reliable Indianapolis criminal defense lawyer.
Ensuring You Are Aware of Your Rights
Criminal defense attorneys are aware of the rights criminal defendants have. They will ensure that your rights were not, and are not, violated. A skilled defense lawyer will know how to proceed if your rights have been violated. For instance, they may file a motion to suppress. This is a motion that an attorney files asking the court to suppress certain out pieces of evidence from use at your trial. Evidence obtained in violation of a defendant’s constitutional rights may be subject to suppression.
Analyzing Evidence
One of the most crucial roles of a criminal defense attorney is investigating the case against their client. This is called “the discovery process.” First, your criminal defense attorney will examine the prosecution’s case against you. The reason for examining the prosecution’s case is to try and find weaknesses that can help them build your defense. Your attorney will talk to you about the evidence against you and try to gather new information and evidence that can be used in your presentation of evidence.
The prosecution is obligated to provide you with all the evidence they intend to use at the trial, and any exculpatory information they have. A skilled criminal defense attorney will review, and explain, the evidence and charges against you. Your attorney’s role is to ensure that evidence used at trial is admitted only within the law and the rules of evidence. It is also your attorney’s role to evaluate the strength of the prosecution’s case against you.
Handling Negotiations
It is due course in a criminal prosecution for the criminal defense attorney and the prosecutor to try to negotiate a resolution in the case. A plea agreement entails an admission of guilt in exchange for a lesser, or set, sentence. While you always have the right to go to trial, negotiated resolution to the case will almost always result in a better sentence than a loss at trial.
Prepare and Fight for You in Trial
Finally, if your case proceeds to trial your criminal defense attorney will defend you in the trial. This includes filing motions, preparing legal arguments and objections and preparing witnesses.
Contact an Indianapolis Criminal Defense Lawyer
If you are facing criminal charges, do not hesitate to contact our skilled and dedicated Indianapolis criminal defense lawyer at Rigney Law LLC.
Source:
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