What Does Criminal Lawyers Do?
Some criminal lawyers defend the accused while others prosecute them. Aside from appearing in court and arguing cases, criminal lawyers also evaluate investigations by law enforcement personnel and make decisions on individual cases regarding prosecution or another outcome.
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Investigative Duties
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Whether you work for the public defender or the district attorney, you will have similar job responsibilities. Both public defenders and assistant district attorneys will evaluate investigations that have been conducted by police. You will exercise your judgment and knowledge of law in deciding how to handle each case assigned to you. You may be given the discretion to determine whether cases need more investigation before deciding whether to prosecute.
In addition to case evaluations, you will be required to develop legal arguments for cases that are being prosecuted. You will also prepare evidence which has been gathered by other staff members in your office; you may also be required to present this evidence in court.
Assist in Prosecution at Trial
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You will be expected to help the district attorney in developing criminal cases and help prepare all of the evidence required. You will discuss elements of these cases with the district attorney and you may be asked to take a leadership role in one or more of these cases, preparatory to arguing them in court.
Decide Which Cases to Prosecute
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You are responsible for deciding whether to pursue a criminal case and prosecute it at trial. In this arena, you will be required to use your knowledge of criminal law to decide which cases contain sufficient evidence for prosecution.
Recommend Diversionary Programs
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You will be presented with criminal cases where the person charged may benefit from a pretrial diversionary program, which will help him avoid future crimes. Diverting some suspects from prosecution can also benefit the community. It can cost less to divert some suspects than it would to prosecute and imprison them. Your responsibility is to determine, based on the factors of the crime and the suspect, which cases are appropriate for diversion.
Arrange Plea Negotiations
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In your capacity as an assistant district attorney, you will come across cases that are appropriate for a plea agreement. Some factors you will have to consider include the degree and nature of the offense, mitigating circumstances, potential improper motives of either a witness or the victim, the age of the victim, the mental state or attitude of the suspect, the age of the case, whether the victim wants to prosecute, the background, age and criminal record (if any) of the suspect, as well as several other factors.
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