Criminal defense lawyers play a critical role in the criminal justice system. Most people understand that a criminal defense attorney is a lawyer representing someone accused of a criminal offense. However, exceptional criminal defense attorneys should have experience zealously representing their clients and using their ability and creativity within the confines of the law.
Those arrested, charged, or convicted of a criminal offense in Rhode Island should consult a Warwick criminal defense lawyer at the Kilroy Law Firm. Attorney Noah J. Kilroy has extensive experience handling state and federal criminal matters. Contact us today.
Roles of Criminal Defense Lawyer in Warwick
Above all, defense attorneys should serve as courageous and devoted advisors and advocates. To do so, experienced defense lawyers understand the importance of testing the reliability and credibility of the government’s evidence while ensuring that your rights are protected. As such, defense attorneys play many crucial roles in criminal defense cases.
Investigating
Criminal defense attorneys play an essential investigatory role for those who anticipate an arrest or have already been arrested. If you believe you are under investigation for a crime, you should work with an attorney to uncover the evidence the State has against you.
Similarly, after the prosecutor files charges, defense attorneys can investigate the incident, make discovery requests, and thoroughly review the existing information by interviewing witnesses or others involved. The objective at this stage is to gather as much information as possible and to begin formulating the strongest defense possible.
Analyzing Evidence
Under the law, the prosecutor must provide the accused with all the evidence against them. An attorney can review and analyze evidence such as police reports, witness statements, DNA evidence, other forensic evidence, photographs, and video footage. Your lawyer can also schedule and conduct depositions where they can question the State’s witnesses.
Strategizing Defenses
The most important part of a criminal defense attorney’s role is strategizing and presenting legally sound and compelling defenses. They do this after examining the evidence, conducting depositions of key State witnesses, and speaking with you at length about what happened. Some common defenses include arguing innocence, lack of evidence, constitutional violations, or self-defense.
Handling Plea Negotiations
Defense counsel can use their skills, knowledge, and experience to engage in effective plea negotiations. To keep their caseload down and administer justice expeditiously, prosecutors often offer plea deals. Your lawyer can negotiate with the prosecutor to reduce the penalties of the plea agreement to their lowest possible point. Your lawyer will know the strengths and weaknesses of the State’s case, and they will use any weaknesses to influence the prosecutor to agree to lesser penalties.
Litigation
If your case goes to trial, you will need an attorney to present your case to the jury. Lawyers are trained in the complex rules of evidence. An experienced lawyer should have significant trial experience because trials move fast. Your attorney must know how to handle themselves in court, how to refute and present evidence, and how to make objections within seconds of opposing counsel’s wrongful conduct or questioning of a witness.
And if a jury convicts you, an attorney can help during sentencing. They will know how to best minimize any aggravating circumstances and emphasize mitigating circumstances while humanizing you to the judge. By zealously representing you during trial or sentencing, defense attorneys can help ensure unnecessary and undeserved criminal charges do not ruin your life.
At the core, the quality of a criminal defense attorney can drastically change the outcome of your criminal case. People accused of crimes in Warwick, RI, cannot necessarily count on a fair judge, fair prosecutor, or knowledgeable jury. However, they have control over the defense attorney they choose to represent them—and a good and dedicated attorney is often all they need.
Criminal Defense Practice Areas
Warwick Criminal Defense Attorney at the Kilroy Law Firm handles various types of criminal matters, including the following:
- Assault and battery,
- Domestic violence,
- Drug crimes,
- DUI and OUI,
- Expungement,
- Parole representation and post-conviction relief,
- Prison consultation services,
- Sex crimes,
- Theft charges, and
- White-collar crimes.
This is not an exhaustive list, so call if you have questions about the cases we handle. The firm also handles the following:
- Aggravated offenses,
- Crimes involving dangerous weapons,
- Federal crimes,
- Felonies,
- Misdemeanors,
- Repeat offenses,
- State crimes, and
- Violation of probation hearings.
Attorney Noah J. Kilroy represents clients before district courts, county and state courts, appellate courts, federal courts, and administrative agencies.
Consequences of Criminal Charges
Criminal accusations, arrests, and convictions can have many long-lasting consequences. In addition to jail time and penalties, the collateral consequences of a criminal charge can have a monumental impact on your relationships, livelihood, and reputation. Some short and long-term consequences of a criminal charge include the following:
- Lost income,
- Incarceration,
- Probation,
- Mandatory Counseling,
- Loss of driver’s license,
- Loss of professional license,
- Expulsion from school,
- Restraining or no-contact orders,
- Property forfeiture, and
- Restitution.
An experienced criminal defense attorney understands what is at stake and can work with you to address these concerns.
Criminal Defenses
When you go on trial for allegedly committing a crime, the government bears the burden of establishing your guilt beyond a reasonable doubt—which is the highest burden of proof required in American law. This high burden is needed when your very freedom is at stake. Simultaneously, the law entitles the accused to present a defense. So let’s discuss some common defenses.
Defenses Based on Constitutional Violations
Constitutional violations form the basis for motions to suppress evidence and can be a highly effective defense strategy. The U.S. Constitution provides various rights to those accused of criminal offenses. Some relevant constitutional defenses might include the following:
- Unlawful search and seizure;
- Fifth Amendment right to be free from self-incrimination; and
- The right to competent legal counsel.
Violations of these rights could result in reduced charges, dropped charges, or a complete dismissal.
Defenses Based on Intent
Defenses based on intent involve arguing that the accused cannot be found guilty because they did not have the requisite intent to commit the crime. In some cases, this may include arguing insanity, a mistake of law or fact, or involuntary intoxication.
Defenses Based on Justification
Depending on the unique facts and circumstances of the case, your lawyer may think it is a good defense strategy to use an affirmative defense. To do this, you basically admit that you committed the act but argue that you were legally justified. This most often appears in the context of self-defense, duress, or necessity.
Other Defenses
In some cases, you might argue actual innocence, consent, or entrapment. These defenses hinge on claiming that no crime occurred, or if a crime did occur, you did not commit the crime. Entrapment is a bit different and can be used when you believe the police lured you into committing a crime that you would never have otherwise committed.
Have You Been Charged with a Crime in Warwick, RI?
If you have recently been arrested and charged with a crime, it is imperative that you have an experienced criminal defense attorney in Warwick by your side. At the Kilroy Law Firm, we have extensive experience handling all types of criminal cases in Warwick courts, including violent crimes, drug offenses, weapons charges, and more. To schedule a free consultation with Attorney Noah Kilroy, contact us today.
