While some lawyers may be more assertive than others, making strong suggestions, and television portrayals of criminal lawyers in particular may suggest that lawyers can sometimes call the shots, the reality is that the defendant's freedom and future are on the line. There are matters that only the defendant can decide. At the same time, the attorney's need to uphold certain ethical standards also means that they cannot always do as they are directed by a client.
If you find yourself in the middle of a criminal case, you are the one who makes the major decisions. But of course, there is a reason you have a right to legal counsel, and there are many decisions that you don't want to reach before you have spoken to your criminal defense attorney about them. Keep reading to learn more about the client-attorney dynamic and how to best work with your attorney to make the right decisions.
What are the decisions only the defendant (you) can make?
The American Bar Association outlines Standards for Criminal Justice, and these rules state that a client is the one who can make the call when it comes to choosing a plea (guilty or not guilty). It is also ultimately up to the client to accept or reject a plea deal, to use or to decline their right to a jury trial, or to speak at all in trial as a witness. A defendant also makes the final choice on whether or not to appeal.
But before you decide, you need to realize the full legal implications of either of your choices. This is why it is vital to discuss everything with an attorney first. After all, this is your life that will could be altered either way; your lawyer is there to help guide you.
When you start working with a lawyer, you may want to outline in writing how much decision-making power you want. This could even mean a stipulation in the fee agreement that says you should make the choice when possible.
What are the decisions your attorney makes?
There is a reason it takes rigorous training to become a criminal defense attorney, and there are certain choices that are best left to the legal professional. There are time constraints as well. For instance, a lawyer has make quick decisions while speaking in trial. But if it is possible time-wise, attorneys should usually speak to their clients regarding which witnesses to use, how to cross-examine witnesses, making choices in jury members, making trial motions, and showing evidence.
Some attorneys want to call all these shots, and sometimes that's okay—but only if the client is okay with that. When you hire a criminal defense lawyer, make sure at the start that you are on the same page for how your case will proceed.
When is the right time to start talking to a criminal defense attorney? Right away if you face charges or an investigation, it is imperative that you understand your legal rights and what repercussions your choices can make. Start looking for the legal counsel you need today!
