Criminal defense Attorneys fight for those who have been charged with a crime and make sure that the justice system fairly upholds their liberties and fundamental rights. A Criminal Defense Attorney may practice as a private attorney or as a public defender. Their responsibility, regardless of their position, is to use the law to the accused's advantage. Within the confines of the law, they must defend their client's best interests. Particularly if a case goes to trial, Criminal Defense Lawyers may appear in court more frequently than other types of Attorneys. While those who are passionate about trial advocacy can become certified as Criminal trial lawyers, several state bar associations offer specialty programs in criminal law.
Prosecuting attorney's responsibility to establish your guilt of the alleged crime at trial
A Criminal defense attorney's responsibility is to defend you against the allegations made against you.
There only needs to be "probable cause" that you might have committed the crime before charges are filed. It is the prosecuting attorney's responsibility to establish your guilt of the alleged crime at trial "beyond a reasonable doubt."As the Indian Judiciary System. operates under the principle of "innocent until proven guilty," which, while not explicitly stated in the Indian Penal Code, derives from ancient law and is supported by the amendments to the Constitution, "beyond a reasonable doubt" is a high standard that is intended to make conviction difficult.
Distinguish between "legal guilt" and "factual guilt" in court.
We distinguish between "legal guilt" and "factual guilt" in court. The question of "factual guilt," or whether you are truly guilty, is not being addressed in your trial. The issue at trial is legal guilt: Has the prosecution provided sufficient proof to establish the allegations made against you "beyond a reasonable doubt"? Since it doesn't pertain to the case, Unlike Civil Lawyers, the majority of Advocates for Criminal Cases won't inquire as to whether you are actually "guilty." Also, finding out is not their responsibility. They have a duty to support you and present a solid defense. Their responsibility is to "keep the system honest," as one attorney put it. Because of the way our legal system is set up, judges and juries find people to be guilty or innocent.
