Everyone Has the Right to a Competent Defense
Many people do not understand what “criminal defense” means or involves. They see lawyers portrayed in movies or TV and believe that every trial is “all or nothing:” the accused is either guilty or innocent of the charges. However, in this area of law, the outcome often depends upon what facts can be shown, and whether testimony will be permitted or excluded. A trial involves witnesses testifying before twelve citizens. The outcome may depend upon the State’s evidence, which may include a seemingly insignificant minor fact, credibility of witnesses, the jury, and more. While we strive to have our clients’ charges dropped entirely – or win an outright acquittal in court – many times, competent defense works to build a case for lesser or fewer charges.
One essential component of this process is plea-bargaining. Although often stigmatized, it’s important to defense lawyers, prosecutors, and those accused of crimes. Plea-bargaining only resolves criminal cases for criminal courts: both sides come to the table with what they want, and the attorneys negotiate between them.
Plea bargaining: the reality
Public perception has made plea-bargaining distasteful, especially when the accused admits guilt. Under our Constitution, the State must prove each and every element of a crime beyond a reasonable doubt. Though prosecutors have significant advantages – the police having investigated the crimes before making an arrest or before the defendant often has a lawyer – to try a criminal case requires preparation, resources, time, and expense. The Sixth Amendment of the Constitution guarantees the right to an attorney to defend you against criminal accusations. Lawyers cannot only choose to defend people they like or who they know are innocent, or who they want to defend; it is a lawyer’s duty to uphold the rights of the accused under the Constitution. Every person, regardless of whether he or she is innocent or guilty has a right to a lawyer to defend him or her, irrespective of what they may or may not have done and what they stand accused of doing.
Trials are expensive and time-consuming. The plea-bargaining process is a critical tool for keeping court dockets manageable. The ability to successfully negotiate a plea on behalf of a client requires skill and experience. A criminal defense lawyer must be able to recognize which charges are likely to stick and which are weak, and persuade the prosecutor that it is in his interest to work with him or her. A criminal defense lawyer must be willing to fight intelligently during the plea negotiation process and uphold their client’s rights regardless of the crime or the public’s perception.
After all, a person’s life may very well hang in the balance if you do not.
If you have been accused of a crime and are facing charges, you need an experienced Nashville criminal defense attorney on your side. To learn more about our services, or to schedule a consultation time to discuss your case, please call 615-953-3808 or use our contact form to reach the Law Office of Perry A. Craft, PLLC. Nashville Criminal defense lawyer Perry Craft will put his decades of experience to work for you.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.