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Behind the Briefcase: What Does a Criminal Defense Lawyer Do?

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What Does a Criminal Defense Lawyer Do?

Facing Charges in Southeast Louisiana? Speak with a Trusted Defense Attorney

When your freedom, reputation, and future are on the line, a criminal defense lawyer becomes more than just legal counsel. They become your advocate, investigator, and protector. 

But what does a criminal defense lawyer do on a day-to-day basis? 

From the moment a client is charged with a crime to the final verdict, criminal defense attorneys operate at the intersection of legal knowledge, strategic planning, and unmatched advocacy.

At Chehardy Sherman Williams, our criminal defense lawyers in Louisiana approach each case with precision and purpose, fighting to ensure every client receives the due process they deserve. Whether facing a misdemeanor or a serious felony, our team works tirelessly to deliver an aggressive defense rooted in experience, ethics, and results.

What Does a Criminal Defense Lawyer Do?

Investigate the charges

Every defense begins with an independent investigation. While law enforcement and prosecutors have their version of events, a defense lawyer’s job is to question, test, and verify every detail.

This process may include:

  • Reviewing police reports, witness statements, and charging documents
  • Obtaining and analyzing surveillance video or digital communications
  • Interviewing potential witnesses, including those overlooked by the state
  • Examining lab reports, forensic evidence, and the chain of custody
  • Identifying procedural errors, such as illegal searches or flawed arrest methods

The goal is to build a clear picture of what actually happened, especially when that picture challenges the prosecution’s case.

Build a defense strategy

After reviewing the evidence, a criminal defense lawyer will develop a legal strategy tailored to the case. This strategy hinges on the specific charges, the jurisdiction, the client’s history, and the available evidence.

Some common legal defenses include:

  • Unlawful search and seizure: Evidence obtained through an illegal search can be excluded.
  • Lack of intent: Many criminal charges require a specific mental state, such as intent to defraud or cause harm.
  • Alibi or mistaken identity: Establishing that the defendant could not have committed the crime.
  • Self-defense or defense of others: Often relevant in assault or homicide cases.
  • Entrapment or coercion: When law enforcement improperly induces someone to commit a crime.

A strong strategy may also involve early engagement with prosecutors to highlight weaknesses in the case, creating leverage for dismissal or reduction of charges.

File pretrial motions

Criminal defense lawyers use pretrial motions to shape the scope of the case before it ever reaches a jury. These motions can limit what evidence is presented, challenge the legality of certain procedures, or even push for dismissal.

Types of pretrial motions include:

  • Motion to suppress evidence obtained through unconstitutional means
  • Motion to dismiss the case based on insufficient legal grounds
  • Motion for discovery to obtain all evidence the prosecution may use
  • Motion in limine to prevent prejudicial information from being heard by the jury

Winning a key pretrial motion can dramatically shift the outcome of a case and often lead to favorable plea offers or case resolution without trial.

Negotiate plea deals

While trials are high profile, many criminal cases are resolved through negotiated pleas. A criminal defense lawyer’s ability to negotiate a favorable plea deal is often just as important as their trial skills.

During plea negotiations, defense attorneys:

  • Analyze the risk/reward of going to trial versus accepting a deal
  • Advocate for reduced charges or sentencing alternatives
  • Help clients understand long-term consequences (e.g., immigration, licensing)
  • Structure agreements that protect their client’s criminal record and employment opportunities

A well-negotiated plea might convert a felony to a misdemeanor, substitute jail time for community service, or secure entry into a diversion program.

Represent clients at trial

Fewer than 10% of criminal cases in the United States ever go to trial, with over 90% of defendants opting to plead guilty. However, those that do proceed to court require a criminal defense attorney with meticulous preparation and exceptional advocacy skills.

At trial, the defense lawyer becomes the lead strategist and spokesperson for the accused, responsible for shaping the narrative and challenging the prosecution’s claims in front of a judge or jury. Trial work is detailed, time-intensive, and must be executed with precision under pressure.

Key responsibilities include:

  • Jury selection (voir dire): Removing biased jurors and ensuring impartiality
  • Opening statements: Framing the case and introducing reasonable doubt
  • Cross-examination: Challenging prosecution witnesses and exposing inconsistencies
  • Presenting the defense: Offering witnesses, evidence, and expert testimony
  • Closing arguments: Delivering a compelling summary that ties the facts and law together

Trial lawyers must be quick on their feet, persuasive under pressure, and deeply knowledgeable about evidentiary rules and criminal procedure.

Advocate during sentencing

If a conviction is reached or a plea agreement includes sentencing, defense attorneys continue their work by advocating for leniency. Sentencing is not automatic. Judges consider a range of factors that the defense can influence.

Effective sentencing advocacy involves:

  • Presenting character letters, work history, and community involvement
  • Documenting mental health struggles, trauma, or addiction
  • Recommending alternative sentencing (e.g., rehab, house arrest)
  • Explaining the defendant’s potential for rehabilitation and lack of risk to the public

A well-prepared sentencing memorandum can be the difference between incarceration and a more constructive resolution.

File appeals and post-conviction relief

Even after sentencing, criminal defense lawyers may assist with appellate or post-conviction matters. This includes seeking to overturn convictions, reduce sentences, or clear a client’s record when possible.

Appeals and post-conviction efforts may involve:

  • Filing a direct appeal due to errors in trial procedure or interpretation of the law
  • Requesting a new trial if new evidence surfaces
  • Submitting motions for post-conviction relief based on ineffective assistance or misconduct
  • Pursuing expungement or sealing for eligible charges under state law

Appellate work is highly technical, often involving detailed legal briefs and oral arguments before higher courts.

Guide and support clients throughout the process

A criminal charge affects far more than court appearances. Defense attorneys also serve as advisors and communicators throughout the legal process, explaining rights, helping with bail conditions, and guiding clients through complex systems.

Their responsibilities often include:

  • Clarifying options and likely outcomes at each stage
  • Preparing clients for interviews, hearings, or testimony
  • Helping families understand what to expect
  • Protecting clients from making statements or decisions that could harm their case

In high-stakes situations, emotional support and clear legal communication can significantly affect clients’ overall experiences and outcomes.

Facing Charges in Southeast Louisiana? Speak with a Trusted Defense Attorney

If you’re under investigation or have been charged with a crime in Southeast Louisiana, the attorney you choose can make all the difference in the outcome of your case. 

At Chehardy Sherman Williams, our criminal defense attorneys bring decades of experience in both state and federal courtrooms, backed by national recognition for legal excellence. With a dedicated Trial Team boasting a record of success in complex cases, we handle a wide range of charges, from white-collar offenses and violent crimes to drug possession and fraud investigations.

Whether you need aggressive representation at trial or guidance through a potential plea, we’re here to defend your rights, your future, and your name.Schedule your free consultation with an experienced criminal defense lawyer in New Orleans, Metairie, or Hammond today.