Criminal defense attorneys live by the standard that an accused person is innocent until proven guilty. At Minton, Bassett, Flores & Carsey, P.C., our criminal defense attorneys consider it a privilege to use our skills to defend the rights of each client we represent.
Get the justice you deserve. Call us now at (512) 270-3612 or reach out to us online for a confidential consultation with one of our trusted lawyers.
The right of every person accused of a crime to have a lawyer represent them is enshrined in the Sixth Amendment to the Constitution. The Sixth Amendment ensures that an accused individual is tried by an impartial jury and is able to confront their accusers.
Various statutes and court decisions – such as the U.S. Supreme Court case of Taylor v. Kentucky – have led to the understanding that a presumption of innocence is required to ensure a fair trial. Any defendant in a criminal trial is assumed to be innocent until the prosecution proves them guilty beyond a reasonable doubt.
The Journey of a Criminal Defense Attorney in Defending Innocence
It is the government’s burden to prove beyond a reasonable doubt each element of the crime that a defendant is charged with committing. The prosecution presents evidence and relies on the jurors to draw reasonable inferences. But often, the prosecutors only know the version of events as told by the police.
Our defense attorneys seek to ensure justice by challenging the one-sided evidence presented against their client and providing the rest of the story.
The American Bar Association says in its Criminal Justice Standards for the Defense Function that the primary duties that defense attorneys owe to clients and to the administration of justice are to serve as client advocates with courage and devotion, protect clients’ legal rights, and provide high-quality legal representation with integrity. Our attorneys work every day to fulfill those responsibilities.
What Is The Role of Criminal Defense Attorneys ?
The work of a criminal defense attorney begins long before a case goes to trial.
A defense attorney is an advocate for their client while also providing the person with legal advice and guidance. Our attorneys at Minton, Bassett, Flores & Carsey, P.C. work to establish a relationship of trust and honesty with the client.
After investigating the case, an attorney will explain the possible directions the case could take and the defense strategies available. Based upon the client’s wishes, our defense attorneys seek the best outcome available through negotiations with the prosecutor and defending the client at trial if necessary.
The best possible outcome for a client is for the prosecution to drop the charges. This may be possible if a defense attorney can persuade the prosecutor that their witnesses are unreliable or other evidence does not hold up to scrutiny. In a few cases, an arrest that violated the client’s rights or problems with how crucial evidence was handled may lead to dropped charges.
In most cases, a defense attorney will negotiate a plea bargain, which requires their client to plead guilty to a lesser charge in exchange for a more lenient sentence and dismissal of other charges. Some plea bargains require defendants to testify for the state in cases against other defendants. Studies show that more than 90% of criminal cases end in plea bargains.
We Protect Your Rights and Ensure a Fair Trial in Austin, TX
When a criminal case goes to trial, our defense attorneys at Minton, Bassett, Flores & Carsey, P.C. work to ensure clients receive a fair trial. The right to due process of law is guaranteed by the Fifth Amendment, which establishes our rights to:
- A grand jury’s consideration of the facts and vote to indict before we can be charged with a felony,
- Legal protection from being tried twice for the same offense,
- Protection from being compelled to testify against ourselves.
At trial, the prosecution presents its case first, and the criminal defense attorney cross-examines the prosecution’s witnesses about their testimony and the evidence they offer. Our attorneys have extensive courtroom experience conducting criminal trials. When possible, our attorneys challenge the introduction of any evidence obtained in an illegal search and seizure so the jury never hears about it.
Once the prosecution concludes its case, the defense may present its side of the story. At this point, we may make a motion for dismissal, arguing that the prosecution has not met its burden of proof and that there is clear reasonable doubt as to our client’s guilt. If that fails, we would present witnesses and evidence that challenge the credibility of the prosecution’s case.
In most cases, our attorneys try to present evidence showing that our client was not in a position to commit the offense, as charged, or that another party had the motive to commit the crime. Our defense team may cite:
- Constitutional violations by police, such as illegal search and seizure or failure to read the Miranda warning to a person during the arrest.
- Self-defense on the part of our client, who acted to protect his or her own life or someone else’s life against perceived imminent harm.
- Insanity, which requires proving that the accused person did not know their conduct was wrong due to mental impairment at the time of the offense.
A person accused of a crime has a right to remain silent and cannot be made to testify. Sometimes their own testimony is needed to prove they are not guilty. Our attorneys would prepare you to testify and anticipate prosecutors’ questions during cross-examination. We cannot tell a client what to say on the witness stand, but we can review the questions we plan to ask and what we expect the prosecution to ask.
Facing Criminal Charges? Here’s How Our Defense Law Firm Can Help You!
Our criminal defense attorneys at Minton, Bassett, Flores & Carsey, P.C. pledge to take the time to understand your situation and the details of the charges you face so we can provide you with the best possible representation. We will:
- Investigate the facts of your case
- Protect your rights
- Negotiate with the prosecutor for dismissal or reduction of charges against you
- Prepare and present persuasive arguments against the charges you face
- Challenge the prosecution’s witnesses and evidence
- Locate critical witnesses to testify on your behalf
- Present evidence intended to create reasonable doubt among the jury
You’ll want to have a qualified defense attorney by your side if you face the criminal justice system in Texas. Our criminal defense lawyers will aggressively defend your rights and your freedom.
We Are Here for Your Justice and Protecting Your Rights
If you’ve been arrested for a crime in Austin, TX, exercise your right to remain silent and ask to be allowed to contact your attorney. Call Minton, Bassett, Flores & Carsey, P.C., to speak with an experienced Austin criminal defense attorney immediately.
Call us at (512) 270-3612 or contact us online for a confidential consultation today. We strive to respond within the hour and return all phone calls seeking assistance within 24 hours. Read our Google reviews!