Many people believe that a good criminal lawyer is one who is aggressive and perhaps even pushy with the prosecutor or judge. This belief may even include the idea that a successful criminal attorney uses theatrics and deception to win in court. This couldn’t be further from the truth.

To be sure, this perception is influenced, at least in part, by the many prime-time American television shows that feature crooked lawyers cheating judges and juries, or aggressively pressuring the prosecutor to “make a deal.” However, in real life practice in Canadian courts, there are four factors that a good criminal lawyer needs to successfully defend a client against a criminal charge.

1) Knowledge and experience in law;
2) Thorough preparation of the facts of the case;
3) Ability to argue both eloquently;
4) Persistence (not aggressiveness) in achieving a successful result.

Knowledge and Experience in Law

This is perhaps the most important factor. A thorough understanding of the various aspects of the law that apply to a particular charge is necessary for a good criminal lawyer to be able to think quickly and deal with any issues that arise in court or any questions the judge may have. The ability to respond effectively to these issues not only satisfies the judge that the lawyer has an answer, but also gives the judge confidence that the lawyer knows what he is doing to defend the client against criminal charges. Also, a strong legal argument at the end of the trial can make all the difference needed to win the case.

Thorough elaboration of the Facts of the Case

Knowing what the police, expert witnesses, and civilian witnesses are going to say, as well as any other evidence against a client facing a criminal charge, not only enables a good criminal attorney to prepare effective cross-examinations, but also provides the advantage of being able to respond quickly to the situation where a witness contradicts what he or she has told the police or in previous testimony. A good lawyer can take advantage of conflicting evidence, which could be useful to the client, if the details of the facts are virtually memorized. Thorough preparation of the facts of the case is an essential factor in successfully defending a client facing criminal charges.

Ability to Eloquently Argue Both

Being intimately familiar with the law and the facts is an essential foundation for any defense. Being able to unite the two in an eloquent argument is what makes a good criminal lawyer successful in court. It is never advantageous to try to intimidate the prosecutor, judge or jury in an effort to obtain a successful result. The winning argument is one that is knowledgeable, eloquent, and persuasive.

Persistence (non-aggression) in Achieving a Successful Outcome

It’s easy to confuse persistence with aggressiveness. There is a big difference. Aggressive behavior, whether inside or outside of the courtroom, only serves to put people on the defensive and ultimately alienates the judge and jury. However, persistence in presenting the defense’s position at every reasonable opportunity can be very effective, in combination with the three factors listed above, in obtaining a successful outcome at the end of the day.

With these four factors in mind, an experienced and knowledgeable criminal defense attorney can take advantage of a number of opportunities to successfully represent a client in all phases of the criminal case.

Copyright © 2011 Steven Tress, attorney and solicitor. All rights reserved throughout the world.