For most of us, the phrase “criminal defense attorney” brings to mind images of popular courtroom dramas and high-profile celebrity trials. But what exactly does a criminal defense attorney do? Once a prosecutor, now a criminal defense attorney in Nashville, Tennessee, Russell Thomas says his job isn’t as glamorous as what you might see on TV. Instead, Thomas says, his role is primarily to “stand up for the little guy.”
Thomas is passionate about protecting his clients’ rights as they attempt to navigate the often confusing and always intimidating criminal justice system. “I look at myself as an advocate for the individual,” he explains. According to Thomas, the role of a criminal defense attorney is to seek justice for each individual he represents, one case at a time. And although every case is different, there are a few common threads.
Act as a Guide
Thomas says that one of a criminal defense attorney’s most important roles is to guide a defendant through the legal process, answering questions, offering advice, and simply making the client feel as though he has someone on his side.
Facing charges for a crime can be an extremely frightening experience, says Thomas. “When someone finds himself looking across the aisle at either the state of Tennessee or the United States of America, and he knows that the prosecution is going to use every resource at its disposal to seek the greatest possible punishment against him, it’s incredibly intimidating,” he says. “You shouldn’t have to go through that alone.”
Because, says Thomas, most people don’t understand how the legal system works, it’s easy to be taken advantage of when you’re not adequately represented. A good criminal defense attorney will not only make sure you’re conducting yourself in accordance with court customs and procedures (which are foreign to most laypersons), he will also provide you with an important “reality check.” This means offering an informed perspective on what is likely to happen as your case progresses through the system and invaluable advice as you make key decisions along the way.
Negotiate a Sentence
According to Thomas, another important aspect of a criminal defense attorney’s role is to work with the prosecutor to determine whether it may be possible to achieve a resolution to your case out of court. For example, in exchange for a guilty plea, the prosecutor may be willing to reduce the charges against you or to recommend softer sentencing. While this kind of deal will not be possible in every case, it isn’t an option that’s normally available to someone representing himself. “Whenever we believe we can achieve a positive outcome without going to trial, that’s what we try to do,” explains Thomas. “If we’re not able to do that, our job to create the best defense possible.”
Build a Case
If a case does go to court, the criminal defense attorney will do everything possible to secure a positive outcome for his client. In building a defense, the attorney may conduct an in-depth investigation into the facts of the case, hiring an investigative team, gathering information from witnesses, and doing everything in his power to create an aggressive defense. “My goal,” says Thomas, “is to get my client back to his normal life. To do that, I have to focus all of my attention on building a solid defense strategy.”
Thomas says that when he worked as a prosecutor, he viewed his role as advancing the interests of the community by making sure that individuals who violated the law were brought to justice. Today, he believes that in his capacity as a criminal defense attorney, he’s advancing the interests of the individual by ensuring that when someone is accused of a crime, he receives the best possible representation. “Someone has to stand up for the guy who can’t stand up for himself,” says Thomas, “and that’s what we do as criminal defense attorneys.”
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
