How a Criminal Defense Attorney Will Defend You in Court

Facing criminal charges in Ohio is stressful and overwhelming. Fortunately, a skilled criminal defense attorney can help protect your rights and fight for the best outcome.

While your attorney will guide you through the legal process, it’s always helpful to understand their role and how they can help reduce penalties or advocate for case dismissal. Here’s an overview of how a criminal defense attorney will defend you.

Case Evaluation and Pre-Trial Strategy

After you’ve been charged and have selected an attorney, your lawyer will begin by reviewing the charges and evidence against you. Throughout this phase, your attorney will identify the strongest possible defenses available.

During the pre-trial process, your lawyer will gather witness statements, police reports, and expert opinions, if necessary. This helps them challenge the prosecution’s case. They may file motions to suppress evidence or request case dismissal, depending on the strength of the prosecutor’s case. Finally, if appropriate, your attorney may negotiate a plea deal. This resolves the case before it goes to trial.

Understanding the Prosecution, Judge, and Jury’s Roles

If your case proceeds through pre-trial hearings and motions and goes to trial, your attorney will make sure you understand how the prosecution, judge, and jury affect your case. For example:

• Judge – The judge will oversee and rule on the pre-trial hearings and motions. They will also oversee the trial and make sure the prosecution and defense follow Ohio law.
• Prosecutor – A prosecutor represents the state. Their role is to prove guilt beyond a reasonable doubt. If they’re unable to do so, they might offer a plea deal, or the case may result in a not-guilty verdict.
• Jury – The jury is a panel of 12 Ohio citizens. Their job is to hear the evidence at trial and determine whether the defendant is guilty.

The Trial Process and Your Defense

If your case proceeds to trial, your attorney will advocate for you during jury selection and trial. During jury selection, your lawyer will help select a fair and impartial jury. They will question each of the potential jurors and challenge anyone who seems unfairly biased.

During the trial, your attorney will make an opening statement. This is an overview of the case. Your lawyer will preview the evidence that the prosecution and defense will present. They may also highlight flaws and weaknesses in the prosecution’s case.

When the prosecution questions witnesses, your attorney will have an opportunity to cross-examine them. This helps expose inconsistencies and biases in witness testimony. Your attorney may be able to suppress some testimony or evidence at this time.

Depending on your case, your attorney may choose to present their own evidence—but they don’t have to. Sometimes the best defense is simply attacking the prosecution’s case. Finally, they will present a closing argument after the prosecution. This portion of the trial allows the defense to highlight the issues with the prosecution’s case and argue that the law requires the jury to return a not-guilty verdict.

Jury Deliberation, Verdict, and Post-Trial Actions

After the trial has concluded, the judge will provide jury instructions. These are legal guidelines the jury must follow when deciding the verdict. The jury deliberates in private before reaching a decision. Then, the verdict is announced in open court.

If you are found guilty on one or more charges, your attorney will argue for reduced penalties during the sentencing phase. Finally, if there were legal errors during the trial, they may file an appeal to challenge the verdict.

Contact an Ohio Criminal Defense Attorney Today

Strong legal representation is the key to challenging criminal charges. To learn more about how a criminal defense attorney can help, call The Law Offices of Saia, Marrocco & Jensen Inc. at 614-444-3036 today.