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Making Decisions In A Criminal Case: Who Has The Power?

8 June 2016

Tracy Roberts

If you are a defendant in a criminal matter, it is crucial that you understand how much power you have with regard to decisions that are made on your behalf. You may be under the assumption that your attorney has the bulk of the decision-making capabilities. However, the case is yours to be won or lost, and you have the ultimate authority on making some of the decisions yourself. The following is a summary of the things you can decide yourself and other ways you can be involved in your case:

Decisions Made By the Client

As the client of an attorney in a criminal matter, there are some legal decisions that you are required to make. You attorney is going to very likely provide their opinions on what you should do, but you have the final say with regard to certain parts of the law. Some decisions you have the final say in may include whether or not you want to go for a plea deal over a trial, whether or you are going to testify on your own behalf, and if you want to appeal your case after a judgment has been rendered. It is ideal that you know what decisions you are going to make in advance of going before the judge to avoid any hasty last minute choices that you have not taken the time to thoughtfully consider. Thinking ahead on your decisions also allows you to let your attorney know what you want to do so that they can work to support your final decision.

Decisions Made by the Attorney

Although you are going to make some very important decisions, there are some decisions that the attorney is allowed to make, particularly during the trial phase. You are welcome to provide your opinion, but the lawyer will have the last word with regard to specific items within the case. This will include whether or not to cross-examine witnesses, evidence to provide to the court, and selection of jurors.

How You Can Get Even More Involved in Your Case

Clients should make every effort to have as much power with regard to their case as possible, so you need to make your lawyer aware of your wishes at each point of the case. There are several ways you can do this. The first thing is to ask for clarification with regard to any legal jargon you do not fully understand. You may also want to include a note in the billing agreement that provides that you have as much power with regard to decision making as possible so that it is included in your contract. If you are found guilty and you believe it was the fault of the attorney for taking your case in a different direction than what you would have preferred, you may be able to get a new trial if the evidence is strong enough.

When you are planning for a criminal case, you need to listen to the advice of your attorney, particularly if you have no legal expertise. While you are allowed to make very important decisions, remember that you may be emotionally charged during this time and you may make choices that are based on this behavior over what is best for your overall case.

Contact professionals like Begley Carlin & Mandio LLP for more help.

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