David Serna works as a criminal defense lawyer here in Albuquerque, New Mexico and is widely considered to be the cream of the crop here. This is high praise indeed as the standard of criminal defense lawyers in this state is extraordinarily high. Who better to ask therefore about some of the questions which you guys have been sending in about the law than the great man himself. David also just so happens to be a very good friend of mine which is why he was able to give up some time and help. One of the mist common legal questions which you have been asking is around the the role of the criminal defense attorney and why they are needed, let’ take a look.
Securing the Process
Both law enforcement and the team from the courts have a very strict protocol which they must follow when handling an accused criminal. From the moment that you are arrested, then detained and then officially charged, you must be dealt with and handled in a certain way, which is in accordance with the law. If any of these actions were not done by the book then you may have grounds to throw the case out, and a lawyer will ensure that they have checked every detail. Cases have been thrown out before because the officer wasn’t wearing his badge, constituting in an unlawful arrest. Without a lawyer you may never know what you are looking for.
Striking Deals and Bargains
Many cases which pass through the courts, especially those where the accused is guilty of what they are being charged with, ends up with what we call a plea deal. The way that this works is that the accused will plead guilty to a lesser charge, which will see them avoid prison time or at least have it greatly reduced. In return the court get to move on with more pressing cases and of course the prosecution can put that down as a win. Only a lawyer will know how to offer a plea bargain to the prosecution and to the judge, and only they will know what they have to offer.
When someone is detained and waiting they court case the only person who they are likely to be able to see is their lawyer, assuming that they haven’t been able to make bail. Because of this your lawyer very quickly become a friend and a confidante who you can trust to give you guidance and some emotional support. Whilst they may not have any necessary training in this, they will be able to reassure you and talk you through the overall process, and what you can expect. Lawyers understand the difficulty which many are going through and the very best lawyers like David have strong empathy skills which will help to put your mind at ease.
Defense lawyers are there for you, to build your case and try to help you to defend your case as best as you possibly can.