The principle of freedom is one that is highly priced in America. Under the U.S. Constitution, everyone accused of a crime has the right to a lawyer’s defense. The defense attorney has the duty to argue on behalf of the defendant by pointing out that the state has not established guilt, for instance, if an accuser has the motive to lie. In Burlington County NJ, criminal defense attorneys like Mark Bernstein of NJ Traffic Court have some crucial roles to play in ensuring that they represent their clients in the best way possible when representing their case.
Long before he would set foot in a courtroom for the trial, Mark Bernstein as a defense attorney would be tasked with the role of assessing the case. He must have a firm understanding of every detail of their client’s case. This is through obtaining all the relevant information that could be of use in the case. Part of the process is to interview the state’s witnesses. Also, he would have to analyze the crime scene and go through police reports. After gathering all this information, it is his duty to determine his client’s odds of acquittal or conviction.
Defense Attorney Roles and Duties
criminal defense attorneys handle pleas on behalf of their clients. It is typical for the state’s attorney (the prosecutor) to get in touch with the defense attorney early on and offer a plea bargain. This involves the defendant pleading guilty, but to a lesser crime than what the state has accused him or her for, thus saving time and resources since there is no trial involved. The defendant ends up receiving a lighter sentence.
Based on the investigation that the defense lawyer has gathered, it is his/her role to determine if accepting the deal is in the best interests of the client or not. The attorney may also try and negotiate with the prosecutor to strike an even better deal for the defendant.
It is the accused’s ultimate decision whether to accept a deal or go to trial. His or her lawyer’s role is to advise him/her which he thinks is the best option. If a case goes to trial, it is a defense attorney’s job is to present the case in the best way possible in court. This is dependent on whether the case is heard by a jury or a single judge. If a jury is involved, the attorney should assess how each prospective juror will feel about the client and the charges faced by the client.
Through a process of questioning and approving or rejecting jurors (voir dire), he/she attempts to create a board that is sympathetic to his/her client. This is considered a smart move since the prosecutor simultaneously does the same. At the time of trial, the attorney’s role switches to presenting evidence according to New Jersey’s rules of court to exonerate the client.
In addition to the above mentioned, someone likeMark Bernstein ofNJ Traffic Courthas a responsibility to the client. He needs to ensure that all discussions with the client are confidential. He will help the defendant to understand the reality of their case, even in the case where it leads to the client pleading guilty.
As part of his job description, afederal defense attorneylikeMark Bernsteinwould help the defendant to deal with the repercussions of facing criminal charges, and he would support him/her till the end of the trial.
Defense lawyer Competencies
To help criminal defense lawyers or attorneys execute their roles effectively, they should be equipped with some skills. One such competence is a high level of integrity. He/ she must be honest with the client, informing them of the progress of their case and the likely outcome of the proceedings.
Excellent negotiation skills are also vital. A large number of legal cases are settled outside a courtroom. A good defense attorney should be in a position to negotiate smartly with the state attorney to come up with a settlement that they present before the presiding judge for approval.
The attorney should see to it that the settlement is the best deal for his/her client. The courtroom is the place where a decision that determines the course that the life of the accused takes is made. Courtroom demeanor is of the essence. Thedefense attorneyshould work within the legal setting, should be theatrical only when appropriate and he or she must not be intimidated by the judge or prosecutors.
It is the role of criminal defense attorneys to ensure that they represent their clients in the best way that they can. This ensures that a Camden County, New Jersey citizen’s right to a fair hearing and legal representation are met by the likes of someone like Mark Bernstein of NJ Traffic Court.