The 167th District Court
The Criminal Defense Attorney
Hi, my name is Don Biard. Right now I’m a law student working as a law clerk for the Travis County district judges. Upon completion of law school, I hope to perhaps practice law as a criminal defense attorney.A criminal defense attorney has the responsibility of representing individuals accused of a crime.
The attorney may be hired or, appointed by the court to represent
indigent defendants. In Travis County the judges appoint lawyers from a list
of qualified attorneys who have applied and been accepted to receive such appointments.
Some counties have a public defender office staffed with attorneys to represent
those who cannot afford to hire counsel.When we think of a criminal defense attorney, the image is that of a tough advocate in court cross-examining a witness. While this is an important part of the job, there is much more to it. The attorney may be involved in many other matters not directly connected with a trial. He may seek his client’s release from jail on a personal, cash, or surety bond. He may work to help his client get a job or save the one he has or seek assistance for a client with physical, psychological, substance abuse, financial or other problems.
In connection with the criminal charges, the defense attorney should investigate the facts of the case, interview witnesses or review witness statements, obtain the state’s file, and review it, research any relevant legal issues, and negotiate possible plea agreements if authorized by the client. If the case proceeds to trial, the attorney should zealously represent his client by challenging the state’s case and offering any exculpatory (exonerating) or mitigating evidence available. The defense attorney must use all ethical means to represent the defendant and make the state meet its burden of proof beyond a reasonable doubt, even when he knows or believes his client is guilty. However, the attorney cannot assist in fraud or fabrication and cannot offer evidence he knows to be perjured or false.
The theory of our system of justice is that if both the prosecutor representing the state and the defense attorney representing the accused diligently perform their duties, usually the truth will be revealed and justice will be done. It is a system that has worked well for centuries, and the defense lawyer is obviously a vital part of the process.
Last Modified: Friday, June 20, 2008 12:03 PM
