A criminal lawyer plays a pivotal role in the courtroom, defending individuals facing charges and ensuring that the legal process unfolds fairly. Their responsibilities extend beyond arguing a case; they safeguard constitutional rights, challenge improper evidence, and construct a compelling defense. Understanding what a criminal lawyer does in court provides insight into their expertise and the strategic approach they take to securing the best possible outcome for their clients.
Representing the Client at Arraignment
The first courtroom appearance in a criminal case is typically the arraignment. During this hearing, the defendant is formally presented with the charges, and the court asks for a plea—guilty, not guilty, or no contest. A criminal lawyer advises their client on how to plead, ensuring they understand the implications of each option.
In some cases, the lawyer may challenge the charges immediately if there are procedural errors or insufficient evidence. They may also request bail or argue for reduced bail conditions, preventing unnecessary detention while the case proceeds.
Filing Pretrial Motions
Before the trial begins, a criminal lawyer prepares pretrial motions that can significantly affect the direction of the case. These motions may include:
- Motion to Dismiss: If the prosecution lacks sufficient evidence, the lawyer can argue that the charges should be dropped.
- Motion to Suppress Evidence: If evidence was obtained illegally—such as through an unlawful search or an improperly conducted interrogation—the lawyer can seek to have it excluded.
- Motion for Discovery: This ensures that the prosecution discloses all evidence in their possession, allowing the defense to prepare accordingly.
- Motion to Change Venue: If pretrial publicity threatens the defendant’s right to a fair trial, a lawyer may request that the case be moved to a different jurisdiction.
Each motion has the potential to weaken the prosecution’s case or create a more favorable environment for the defense.
Selecting a Jury
Jury selection is a critical stage in a trial, as the individuals chosen will ultimately decide the outcome. A criminal lawyer participates in the selection process by questioning potential jurors and identifying any biases that could unfairly influence the case.
If a juror displays prejudice, whether through personal beliefs or prior experiences, the lawyer can request their removal. By ensuring a fair and impartial jury, the lawyer strengthens the foundation for a just trial.
Presenting Opening Statements
At the beginning of a trial, both the prosecution and defense present opening statements. A criminal lawyer uses this opportunity to outline the defense strategy, highlight weaknesses in the prosecution’s case, and establish a compelling narrative.
An effective opening statement provides jurors with a framework to interpret the evidence they will see throughout the trial. It sets the stage for questioning witnesses, cross-examining prosecution arguments, and presenting exculpatory evidence.
Cross-Examining Witnesses
One of the most powerful tools a criminal lawyer has in court is cross-examination. When the prosecution presents witnesses, the defense lawyer scrutinizes their testimony, identifying inconsistencies, contradictions, or motives that may compromise their credibility.
Cross-examination is not just about questioning statements—it is about dismantling weak arguments and revealing gaps in the prosecution’s case. A skilled lawyer uses precision and strategy to challenge unreliable testimony, preventing the jury from accepting it at face value.
Presenting the Defense Case
Once the prosecution has presented its evidence, the defense has the opportunity to make its case. A criminal lawyer may:
- Call witnesses to testify in support of the defendant
- Present expert testimony to challenge forensic evidence
- Introduce documents or materials that weaken the prosecution’s claims
- Argue that the prosecution has failed to meet the burden of proof
A strong defense strategy does not necessarily mean proving innocence outright—it may focus on casting doubt on the prosecution’s case, as a conviction requires proof beyond a reasonable doubt.
Delivering Closing Arguments
Closing arguments are the final opportunity for a lawyer to persuade the jury. A criminal lawyer reviews the evidence, highlights inconsistencies in the prosecution’s case, and reinforces key points that support the defense.
Unlike the opening statement, the closing argument is not just an introduction—it is a call to action. The lawyer aims to leave a lasting impression on the jury, compelling them to consider the weaknesses in the prosecution’s case and rendering a verdict in favor of the defendant.
Handling Sentencing Hearings
If a client is convicted, the case moves to a sentencing hearing. A criminal lawyer plays a crucial role in arguing for a reduced sentence, presenting mitigating factors that may influence the judge’s decision. These factors might include the defendant’s lack of prior offenses, remorse, or external circumstances that contributed to the alleged crime.
A lawyer may also negotiate for alternative sentencing options, such as probation, rehabilitation programs, or community service, rather than incarceration. By presenting a compelling case, they work to minimize the consequences for their client.
Protecting Clients’ Rights Throughout the Process
Beyond the technical aspects of a trial, a criminal lawyer serves as a guardian of their client’s rights. They ensure that legal procedures are followed correctly, challenge unfair treatment, and advocate for justice at every stage.
Their role in court is not just about legal argumentation—it is about shielding individuals from potential abuses within the legal system. With their expertise, a criminal lawyer provides an essential defense against wrongful convictions, excessive penalties, and prosecutorial overreach.
