What does a defense attorney do in a court case?
The defense attorney tries to get the defendant not guilty. The prosecutor is the opposite.
They also plead for a lighter sentence from the judge.
He had several and one even lived to tell his tale. Early defense attorney Ronald Hughes disappeared after crossing Manson in court. After that his attorney was Irving Kanarek who informed the court that Manson could defend himself, although as an attorney I'm sure he was reluctant to let Manson represent himself in such a high profile, death penalty case.
In a criminal case, the prosecutor is the attorney representing the government who presents (i.e.: prosecutes) the case against the defendant in an attempt to prove him guilty of the charges for which he was arrested. The attorney representing the accused is the "defense" attorney. In a civil case there is no "prosecutor" only an attorney representing the aggrieved party (i.e.: the plaintiff) and the attorney representing the defendant/respondant who is the one being sued.
Does a court appointed attorney have a legal obligation to discuss the defense they intend to useon the case?
This question might be termed an open and shut case. No disrespect is made by that comment. In fact the question is not even a legal one. It's only common sense that a court appointed attorney must cover all aspects of the case if the attorney has any chance of getting the client to be found not guilty.
The court must be notified so it won't waste time sending documents relating to the case to an attorney who is no longer representing one of the parties in the case. The attorney is the attorney of record until they notify the court otherwise. The court must be notified so it won't waste time sending documents relating to the case to an attorney who is no longer representing one of the parties in the case…
What happens when you do not have counsel in a trial. Does the judge have the responisiblity to help you?
The judge absolutely will not assist you! You must either conduct your own defense (i.e.: Pro Se), or supply your own attorney or, if it is a criminal case and you qualify to have one appointed, have a public defender defend you. If you choose to appear without a defense attorney (i.e.: small claims court, traffic court, or civil court) you are on your own.
In a criminal case, the court will appoint a defense attorney to represent you. The quality of the attorney varies from place to place, depending on how they set that up in their area. Some places have a staff of defense attorneys. Others draw from a pool of attorneys that have volunteered to do defense work. These are usually those that are trying to get started in the legal career or have a moral desire…
Why does the prosecutor indict a defendant with felony murder charges but the defendant only acted in self defense?
If self defense is your defense against the crime of murder - you will have to refute the prosecutors evidence in court and convince the jury that it WAS self defense. Next: Self defense is what is known as an "affirmative defense" to prosecution, and the burden of proof is entirely up to you. It is not the role of the Prosecutor to present your defense to the Court. Your best friend right now is…
Typically, you cannot get a court appointed attorney in a civil case. There are a small number of instances, however, in which a court will appoint an attorney in a civil case (for example, to represent a child in a neglect or abuse case or, in some states, to represent a parent in a suit initiated by the state for the termination of parental rights).
What are all the procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury.?
Can the attorney-in-fact under a Power of Attorney use the principal's funds to defend their actions as AIF when their actions have been challenged?
That depends on the situation. If you are found to have violated your legal obligations as an attorney-in-fact the court will not allow you to use the principal's funds to pay for your legal defense. Before you do it you should consult with the attorney who will represent you. That depends on the situation. If you are found to have violated your legal obligations as an attorney-in-fact the court will not allow you to use…
Not every case is eligible court-appointed attorney, so in order to request the aid of a court-appointed attorney, the defendant is required to file for assistance. To find an attorney that is not court-appointed, but willing to work pro bono (voluntarily without pay), you should speak directly to the attorney and plead your case.
It can depend on the type of case. In criminal cases it is usually "The State" in the form of the Prosecutor (the Prosecution) who presents the State's case, his opposite number (either an attorney or pro se) is known as the Defense or the Defendant. In a civil case the person bringing the suit (either an attorney or a pro se litigant) is known as the Plaintiff. The opposite number (either an attorney or…
After a motion is filed for fast and speedy trial and a date is given and that date is also postponed After 18 months how much longer does the court have to take the individual to trial?
If I recall correctly the prosecution is first to lay charges and speak their case. It is in this way that the reasons for the defense to be needed are stated. ADDED: The prosectuion always presents their case first. Then the defense presents its case. During final summation of the case to the court or jury, the defense always presents their argument last.