Whether you have been arrested for
driving under the influence (DUI), drug crime, or domestic violence, a conviction can lead to severe consequences,
such as jail or prison time, costly fines, and a criminal record that
can haunt you forever. In order to avoid serious criminal penalties, you
must hire an experienced criminal defense attorney to fight for the best
possible outcome in your case.
Attorney Steven H. Nakano has provided strategic and personalized legal solutions to clients in
San Jose and Santa Clara County. He only takes a few cases at a time to
give each client the attention, commitment, and justice they deserve.
Not only does Attorney Nakano know what it takes to get the most favorable
results inside and outside the courtroom, he also cares about getting
his clients the necessary help to change their lives for the better. Steven
H. Nakano, Attorney at Law is ready to protect your rights and freedom.
What Does A Criminal Defense Attorney Do?
A criminal defense attorney, often simply referred to as a defense attorney,
plays a crucial role in representing individuals who are accused of committing
criminal offenses. Their primary responsibilities include:
- Legal Consultation: Defense attorneys provide legal advice and counsel
to their clients. They explain the charges, potential consequences, and
legal options, helping the accused make informed decisions about their case.
- Case Assessment: They thoroughly review the facts and evidence related
to the case, assessing the strengths and weaknesses of the prosecution's
case. This evaluation helps in developing an effective defense strategy.
- Defense Strategy: Based on their case assessment, defense attorneys develop
a strategic plan for the defense. This may involve challenging evidence,
questioning the legality of arrests or searches, identifying witnesses,
and determining the best course of action, such as negotiating a plea
deal or going to trial.
- Legal Research: Defense attorneys conduct extensive legal research to identify
relevant statutes, case law, and legal precedents that can support their
defense strategy. This research helps them build persuasive arguments in court.
- Court Representation: Defense attorneys represent their clients during
court proceedings, including pre-trial hearings, arraignments, and trials.
They present legal arguments, cross-examine witnesses, make motions, and
ensure that their clients' rights are protected.
- Negotiation with Prosecution: Defense attorneys often engage in negotiations
with the prosecution to explore the possibility of resolving the case
through a plea bargain. They may negotiate for reduced charges or lighter
sentencing in exchange for a guilty plea.
- Witness Preparation: If there are witnesses who can testify on behalf of
the accused, defense attorneys prepare them for court appearances, ensuring
they provide accurate and credible testimony.
- Evidence Gathering: In some cases, defense attorneys may hire investigators
or experts to gather additional evidence, conduct forensic analysis, or
challenge the prosecution's evidence.
- Sentencing Advocacy: If their client is found guilty or pleads guilty,
defense attorneys advocate for a fair and reasonable sentence. They may
present mitigating factors, such as the defendant's remorse or rehabilitation
efforts, to influence the sentencing decision.
- Protecting Client Rights: Throughout the legal process, defense attorneys
ensure that their clients' constitutional rights, such as the right to
remain silent and the right to legal representation, are protected. They
work to prevent any violations of these rights.
- Post-Conviction Actions: In the event of a conviction, defense attorneys
can continue to represent their clients by filing appeals, seeking post-conviction
relief, or challenging the legality of the conviction or sentence.
In summary, a criminal defense attorney serves as an advocate, legal strategist,
and protector of their clients' rights within the criminal justice system.
Their primary goal is to ensure that their clients receive a fair legal
process and to achieve the best possible outcome for their case, whether
that involves acquittal, reduced charges, or a fair sentencing decision.