Friday, March 28, 2014

The Roles and Responsibilities of a Criminal Defense Lawyer

A criminal lawyer, like a firefighter, is someone you probably won’t bump into until you need their services. John Buchanan, who practices criminal law in Vancouver is especially aware of this.  The role and responsibility of a defense lawyer is something we gleam mostly from popular culture. But no movie or TV show can quite prepare you for the sinking feeling of going before a judge. Many people find their first experience in court to be alienating and intimidating. Helping them cope with this experience often falls into the lap of the defense lawyer, along with his or her other duties.

Put simply, a criminal defense lawyer is hired by an individual charged with a criminal offense. The lawyer takes their case and agrees to represent them in court. Their primary responsibility is to ensure that their client receives a fair trial and ensure that if prosecuted, no stone has been left unturned in establishing doubt.

Criminal law in Vancouver derives from the tradition of English Common Law. Canadian criminal law maintains the familiar guideline of “presumed innocence.”  In order to be convicted of a crime an individual must be proven guilty beyond “reasonable doubt.”

The onus is on the Crown Attorney to prove with certainty that the accused is guilty. If guilt cannot be confirmed, the person is acquitted. If it can be confirmed, the court moves to the next stage of its proceedings, which consists of sentencing.

Among the roles and responsibilities of the defense lawyer is the presenting of evidence and the critiquing of arguments made by the crown prosecutors. The evidence presented by the defense lawyer is usually intended or designed to disprove or raise questions about evidence presented by the Crown.

In most cases the judge functions as an arbiter between the Crown prosecutor and defense lawyer. The judge arrives at their decision independently. In more serious cases, a jury is also used. In Canada the domain of criminal law is exercised at a federal level rather than at a state level. In this manner it differs from the US.

John Buchman has been practicing law in Vancouver for more than thirty years. His responsibilities are more than those of a technical specialist. He is a guide and a helping hand through what can sometimes be an anxious and frustrating process.

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