A normal argument often heard is that if a person has been arrested for committing a crime, where is the need to defend him or her? Is there really a case for proving that person not guilty of the offence committed when a major part of the evidence suggests that the crime has been committed by that person? In this context, the role of a defense lawyer is often suspect. He or she becomes a person who seems to be protecting the accused or even trying to set that person free by producing evidence that contradicts what the prosecution has presented before a court of law.

However, it is important to remember that a defense lawyer plays a very significant role in the judicial system because otherwise every accused person would be straightaway sentenced to imprisonment or death without being given a fair chance of hearing, that being the fundamental right of every person, whether a criminal or not. The absence of a defense lawyer would then lead to providing the judiciary and the police with unlimited power because anyone could be proved a criminal and sentenced without a trial.

So what is the role of a criminal defense attorney? He or she will hire investigators and check the truth of the case to verify if the accused is really guilty of the crime. If the crime has been committed, he will formulate sentencing programs tailored to a client’s specific needs, often helping defendants avoid future brushes with the criminal justice system. But first and foremost, he is the only person who can provide the accused with a knowledgeable and objective perspective on the situation and what is likely to happen should the case go to trial.

This information is absolutely vital for defendants trying to decide whether to accept a prosecutor’s offer of a “plea bargain.” This is important because there are many hidden implementations of pleading guilty which a self-represented defendant might never think about. A defense lawyer has the responsibility of defending a legal system that guarantees the presumption of innocence and every citizen’s right to equal protection under the law. Thus, what Thomas Jefferson said more than 200 years ago applies today too – that trial by jury is the anchor of all of our liberties.