Upon finding out that you are being investigated for a certain crime or, worse, a certain offense has been preferred against you, is one of the most terrifying and confusing moments that one can ever go through. The natural tendency in such a situation would be to experience a rush of panic, incoherence, and fear of what will happen next. In such circumstances, there is an inescapable and all-important question: would a defense attorney be necessary.
The reply, as should be the case in almost every situation where criminal liability is at issue, is a loud and clear affirmative. It is crucial to know when approaching counsel and why engaging one is necessary if people’s lawful privileges are to be secured, the legal framework understood, and the individual given the best opportunity to fight that case.
Countries such Canada recognizse the need for the protection of free expression of every citizen which includes the right of every citizen not to be hunted down for crimes they have not committed however rooted in this assumption is their own criminal justice system – the courts. Nevertheless, not having legal representation means being in the midst of procedural jungle, difficult evidence, pleading and looking at the eyes of prosecutors with many battles beneath their belts. Such an attempt to defend oneself on what is also referred to as advocacy or pro se is quite a futile one and does not bring with it any fairness. Simply put, there may be some vital information that is legal in nature, rules of evidence and practices of defence which you do not know and that a prepared attorney would easily point out.
Defense counsel is already on board prior to the trial area. As a matter of fact, details on how early counsel engages can be determinative of the corners and turns a case will take. If you know that an investigation is on-going, particularly if no charges have been filed yet, it is prudent to engage a defense lawyer. They would tell you what to say to the police so that you don’t get entangled in something incriminating yourself. They can also start the process of collecting relevant facts and if possible, attempt to know and give the perspective of the investigation and with what outcome in mind.
There comes a time for every defense counsel when his need becomes self-explanatory or charges have been brought against the client. Speaking to a defense lawyer at this point is necessary. A defense lawyer is both a mentor and a protector; mentoring and protecting the client from the directness and apprehension of the legal system. They are familiar with the charges raised against you, the corresponding punishments, and the available defenses. They will go over every single piece of the prosecutor’s evidence, noting any gaps and contradictions, and that your legal or other rights were respected from the moment you were arrested to any other step of the investigation.
In the provision of services from such specialists as Ontario criminal lawyers like Heather Spence and Brian Brody, Ontario criminal lawyers, such qualities are inherent. Individuals like these invest efforts in learning the law, legal developments, and coming up with defense systems. Additionally, their expertise regarding how the justice system works in Ontario is a great deal of value in terms of the legal process itself, respiration of specific courts and or prosecutors as well as the most effective pieces of advocacy. You cannot hope to gain this knowledge all by yourself if you are facing serious charges against you. It is not realistic to attempt such a feat.
Normally, and as expected, with each case attorneys assumes the vital responsibility of formulating a robust and feasible defense strategy for their clients. This entails conducting their own searches, interviewing of witnesses and in some cases even assembling the services of experts to offer testimony contrary to that advanced by the prosecution. They will evaluate the merits and demerits of the case of both sides and make recommendations as to the most appropriate course of action which could involve striking a deal with the prosecution either in terms of lessening the counts or plea bargaining or even readiness for litigation.
One of the key skills a defense lawyer possesses is the ability to bargain with the prosecution. In their endeavors they will look for ways upon which the applicable rules and the evidence itself can be used in your case to perhaps put an end to the matter in the least damaging way. This may include defending the accused from having to undergo some punishment or lesser penalties as well as in some cases even less strict types of sanctions being negotiated for. However, in the absence of the attorney, you would lack the experience as well as knowledge of the prosecutors’ tactics and how to counter them as your proposal in the negotiations.
A defense lawyer, on the other hand, assumes full responsibility in representing you as a defendant at trial. They will present evidence from your perspective, cross-question the accusers’ witnesses and highlight any contradictions or bias and accordingly advance cogent arguments in law to the court and the jury. At trial, their skill at arguing is a critical factor when it comes to your defense. Where such skills are homemade, there come various practical problems including inter alia the application of the law of evidence and only relevant evidence being tendered in court.
Besides, during such extremely mentally and emotionally distressing period, the criminal defense lawyer helps as well. In case criminal charges are level-headed against a person many lines up in one’s support. Watching your life fighting to protect your rights is somehow appeasing, hence lessening the stress. The attorney will outline the processes, answer questions, and objectively provide their advice thereby assisting you in managing the stress and ‘what is going to happen next’ feeling associated with the crisis.
Finally, hiring a defense attorney is not an option for someone who has been charged with a criminal offense, it is a must. The legal system of any country is bound to be complex and associated with or capable of causing very harsh consequences against any one individual. Without professional assistance such as a good lawyer, justice for one’s rights is compromised. Whether you are in the province of Ontario and wish to take advantage of their services and that of an experienced litigator, or are considering charges laid elsewhere, having a law expert on board as early as possible makes more difference than anything else, for achieving a just and fair outcome. Do not try and tackle this difficult, distressing and potentially disastrous predicament on your own as a defense attorney provides this and is often the greatest practitioner.
