Many people believe that a good criminal lawyer is an aggressive and, perhaps, even pushy prosecutor or judge. This belief may even include the idea that a successful criminal lawyer uses theatrics and deception to win in court. This couldn’t be further from the truth.
Undoubtedly, this perception is influenced, at least in part, by many prime-time American television programs that feature crooked attorneys tugging at the attention of judges and juries, or aggressively pressuring prosecutors to “cut the deal.” However, in real-life practice in Canadian courts, there are four factors that a good criminal lawyer needs to successfully defend clients against criminal charges.
1) Knowledge and experience in the field of law;
2) Thorough preparation of the facts of the case;
3) The ability to fluently argue both;
4) Perseverance (not aggressiveness) in achieving successful results.
Knowledge and Experience in Law
This is perhaps the most important factor. A thorough understanding of the various aspects of the law that apply to a particular charge is necessary in order for a good criminal lawyer to think quickly and deal with any issues that arise in court or any questions a judge may have. The ability to effectively respond to these issues not only satisfies the judge that the attorney has the answers, but also gives the judge confidence that the attorney knows what he or she is doing in defending the client from criminal prosecution. In addition, strong legal arguments at the end of the trial can make the difference needed to win the case.
Thorough preparation of the facts of the case
Knowing what police, expert and civil witnesses will testify to, as well as other evidence against a client facing criminal charges, not only allows a good criminal lawyer to prepare an effective cross-examination, but also gives him the advantage of being able to quickly respond to situations where a the witness contradicts what he said to the police or in previous testimony. A good lawyer can make use of contradictory evidence, which can help a client, if the factual details are actually remembered. Thorough preparation of the facts of the case is an important factor in the success of a client’s defense against criminal charges.
Ability to Fluently Argue Both
Becoming familiar with laws and facts is an important foundation for any defense. Being able to put the two together in an eloquent argument is what makes a good criminal lawyer successful in court. There is no point in trying to bluff the prosecutor, judge or jury in an attempt to have a successful outcome. Winning arguments are knowledgeable, eloquent and persuasive.
Perseverance (not aggressiveness) in Achieving Successful Results
It’s easy for someone to confuse tenacity with aggressiveness. There is a big difference. Aggressive behavior, both in and out of the courtroom, only puts people on the defensive and, in the end, alienates the judge and jury. However, persistence in taking a defensive position at every plausible opportunity can be very effective, combined with the three factors mentioned above, for achieving a successful outcome at the end of the day.
With these four factors present, an experienced and knowledgeable criminal defense attorney can take advantage of a number of opportunities to successfully represent clients in all phases of a criminal case.
Copyright © 2011 Steven Tress, Attorney and Attorney. All Rights Reserved Worldwide.
