B) The defense attorney must not knowingly make a false statement of fact or law or provide false evidence to a court, lawyer, witnesses or third parties. A) The primary obligation of criminal defense attorneys is to provide enthusiastic and quality representation to their clients at all stages of the criminal process. Lawyers also have an obligation to comply with ethical standards and to act in accordance with court rules. In short, while both prosecutors and defense attorneys operate within the legal system, they have different roles and responsibilities. Prosecutors seek to prove guilt on behalf of the state, while defense attorneys work to defend the defendant's rights and innocence.
You probably need a defense attorney if you've been charged with a serious crime, but you may even need one for a misdemeanor, such as a traffic ticket. In Tennessee, prosecutors are often referred to as district attorneys or assistant district attorneys. But most of all, it's important to get legal advice on a case-by-case basis and to consult with a criminal or civil defense attorney who has experience litigating your case. In deciding the defense strategy, the lawyer must consider whether it is in the client's best interest not to present a defense argument and, instead, trust that the prosecution is not fulfilling its constitutional burden of proving every element beyond a reasonable doubt.
If someone is facing criminal charges that may result in payment of a fine, probation, or possible jail time, they may need a defense attorney to represent them. Read on to explore what a defense attorney does, the specific circumstances in which someone may need to hire an attorney, and what to look for in one. Usually, with the right criminal defense attorney, you can expect your attorney to remain in the case from start to finish, including the trial phase. D) present the client's and the defense's case in a favorable manner, without prematurely disclosing information about the defense's case to the prosecutor. If the lawyer conducts such interviews with potential witnesses, he should attempt to do so in the presence of a third person who will be available, if necessary, to testify as a defense witness at trial.
An experienced criminal defense attorney has a thorough understanding of the legal system and usually specializes in one area of the law. When looking for a defense attorney, it's helpful to start with someone who specializes in criminal cases and knows the local courts. While the prosecutor acts as the state's defender, the criminal defense attorney fights for the defendant. Defense attorneys in Tennessee work to protect the rights of their clients and ensure that they receive a fair trial.
