Lawyers are authorized to practice law and must have a license to do so in the state they work in. They represent both private and government clients, including criminal defendants and people involved in administrative, executive or legislative cases. They can also be lawyers for military members, prosecutors or public defenders.
Defendants who have their own lawyers can change counsel at will, as long as it does not unduly delay proceedings. But defendants who are represented at government expense get whomever the judge appoints or a public defender’s office assigns.
If a defendant and his or her attorney can’t agree on a strategy, the prosecutor can bring a motion to have the case transferred to a different court. This is often done to ensure that the prosecutor can properly present all of the evidence against the defendant.
The judge will hear the arguments from both sides and decide whether to dismiss the case or transfer it to a different court. The judge will also make a ruling about how much weight to give the testimony of each side.
Before a judge makes a judgment, the prosecution and the defendant must go to trial. This usually involves presenting witnesses, documents, and other evidence. Then the attorneys will give opening and closing statements, each of which summarizes the facts and tells the jury what it needs to do to reach a verdict. Recommended this site personal injury attorney in DC .
In criminal cases, a defendant can decide to plead guilty or nolo contendere (plead not guilty). The prosecutor can accept the defendant’s offer and recommend that the judge sentence the defendant. This is a process called “plea bargaining.”
Sometimes a defendant will refuse to plead guilty or nolo contendere and choose to go to trial instead. Normally, this is not an unethical or illegal decision but it is the defendant’s choice and his or her lawyer has to follow it or convince the judge to let the defendant withdraw from the case.
During the trial, the prosecutor and defense attorneys have the opportunity to cross examine each other’s witnesses, present evidence, and argue their cases before the jury. The defendant’s trial attorney can then ask the judge for a judgment of acquittal if there is not enough evidence to prove the charges against the defendant.
The judge usually takes a lot of time and thought before making a decision in a lawsuit or civil matter. He or she reviews the evidence, considers what has been said and done by both parties, and considers precedents. This takes time and is especially important in complex cases where the issue at hand is complicated.