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Being charged with a criminal offense or serious motor vehicle violation is scary.  Having a top-notch lawyer at your side throughout the process can make all the difference in the result.  Here are some of the most important stages of the process, and the types of strategies that expert criminal defense lawyers will often employ.  

Before Charges Are Brought

If you are being investigated for a crime, but have not yet been charged, it is very important not to volunteer information against yourself.  A surprisingly large number of criminal cases are made based largely on statements made by the defendant.  Every person has the right to remain silent and, if you are suspected of a crime, it is almost always a good idea to assert that right.  Only on rare occasions will defense lawyers recommend cooperating with the police and even then, only after the lawyer knows all the facts and carefully weighs the pros and cons of cooperation with the client.

Another way that people get themselves in trouble is by agreeing to searches of their person or property.  Sometimes the police have a valid search warrant, in which case you have no choice but to agree to the search.  On other occasions, however, the police do not have a search warrant and instead use intimidation or manipulation to convince a person to agree to the search.  As in the case with confessions, in many instances the evidence obtained from these type of "consent" searches is what makes the difference at trial.  If you are being investigated for a crime, it never makes sense to agree to a search of your person or property.

Exchange of Information

Once charges are brought, it is very important to prepare your case.  The first thing a good defense lawyer will do is obtain all the information that the prosecutor intends to use at trial.  On top of that, the prosecutor has to turn over all information that will help the defendant's case, even when the prosecutor does not intend to use it himself at trial.  Ethical prosecutors do not hesitate to turn over this information but those that play fast and loose with the rules will sometimes try to hide information from the defense lawyer.  An aggressive defense lawyer will fight to get all the information you are entitled to.  If the prosecutor refuses -- perhaps because the information will make the police look bad -- a good defense lawyer will ask the judge to dismiss the case.

Investigation

Also shortly after charges are brought, a good defense lawyer will often order an independent investigation of all of the facts of the case.  While the police are paid to determine what actually happened, not just find evidence against the defendant, in reality they often consider their job complete once an arrest is made.  You can't trust the police to interview witnesses, or ferret out evidence that might help you at trial. 

Experts

In many instances, the prosecutor's case will rely heavily on expert testimony - such as in the areas of fingerprints, DNA, blood spatter or accident reconstruction .  In those cases, it is often in the best interest of the defendant to hire an independent expert to review the work of the prosecutor's expert, and potentially provide contradictory testimony at trial.  Even when the prosecutor does not offer an expert, it will often be helpful for the defense to consult with one. 

Pretrial Motions

One of the most common tactics defense lawyers use is to file motions before trial to weaken the prosecutor's case.  For example, if the police search you illegally or use illegal tactics to get you to confess, you can file a motion to have that evidence excluded from trial.  Even evidence that was legally obtained can be excluded if it is irrelevant or hearsay.  Another favorite tactic of defense lawyers is to attack the law or the charge itself.  Examples include a motion to dismiss because the law is unconstitutional or because a rule such as speedy trial or double jeopardy has been violated.

Plea Bargains

A person facing criminal charges can never be forced to plead guilty, and always has the right to a trial.  If the evidence against a defendant is overwhelming, however, they will often try to negotiate a deal with the prosecutor where they will plead guilty in exchange for a recommendation of a reduced sentence.  On those occasions, a skilled defense lawyer will put together facts suggesting that the defendant deserves another chance.  For example, if the defendant has completed rehabilitation, performed community service, or otherwise demonstrated remorse.  Sometimes, when the defendant has put together a strong case, the prosecutor will offer a very low sentence rather than face the risk of losing at trial.

Trial

At the trial itself, you have a number of rights that a good defense lawyer can use to your advantage.  First, the burden of proof is on the prosecutor to prove your guilt beyond a reasonable doubt.  This is a difficult standard for the prosecutor to meet.  Second, all of the witnesses against you must testify live and face intense questioning from the defense lawyer.  On many occasions, witnesses, including even police officers, change their story when they testify.  A skilled defense lawyer will use such inconsistencies to demonstrate that the witnesses are not being entirely truthful. 

After Trial

Sometimes, despite a defense lawyer's best efforts, the jury find the defendant guilty.  Other times, the defense lawyer performed poorly, and the defendant will seek the advice of a different lawyer to see if the conviction can be reversed.  It is an uphill battle trying to convince a judge to reverse a conviction.  One common tactic is to try to show that there is new evidence not available at trial that could have changed the result.  A second technique is for a new lawyer to try to show that the defense lawyer at trial was ineffective, meaning he did not meet the minimum standards for what a defense lawyer should do at trial. 

Beyond motions for a new trial, which are generally brought before the same judge who presided over the trial, every defendant has the right to appeal their conviction to a panel of senior judges.  This appeal is not to reconsider the factual decisions of the jury, but to challenge any rulings of law made by the trial judge.  While the majority of convictions are not reversed on appeal, a fair number of convictions every year are sent back by the higher court for a new trial, or even dismissed altogether.

In Short

In short, an experienced defense lawyer can make the difference in your case at every step of the way.  In addition, a compassionate defense lawyer will be there to answer your questions, and help you handle what could be the most traumatic experience of your life.  If you have been arrested, it is essential that you seek expert advice as soon as possible.