Even if the prosecutor could prove points one through three but not four, they would have insufficient evidence and have to either drop the case or pursue different criminal charge—for example a joyriding misdemeanor. In some cases, the prosecutor may use a grand jury to help determine if there is enough evidence to proceed with a criminal charge, not if the defendant is actually guilty of those charges. From there a prosecutor can choose to pursue the original charge, move to pursue a lesser charge or drop the case altogether.
Unlike prosecutors, defense attorneys can be either private or public. So if your friend cannot find a private attorney to take their case or cannot afford one, they will be assigned a public defender who works for the government. This means that the prosecution must turn over any evidence they intend to use against your friend in court. The attorney will then begin constructing a defense.
If your friend did commit the crime and the evidence is convincing, her attorney may suggest arguing that the act was excused because of self-defense, duress, entrapment or something similar.
More likely, they will suggest negotiating a plea deal where your friend would agree to plead guilty in exchange for leniency in punishment—avoiding a felony conviction and the challenges it can bring can be a big motivator in this scenario. If, instead, your friend decides they want to fight the charges, they will go to court.
The most important thing a defense attorney can do in a criminal trial is to establish reasonable doubt. Depending on the circumstances of the case, they may try to uncover falsities in the police report, inconsistencies in prosecuting testimonies, establish an alibi or produce other potentially exonerating evidence.
While TV and movies often portray prosecutors and defense lawyers as less than reputable—either over-zealous and cutting corners or letting criminals get away—both sides of the court are necessary to uphold a functioning justice system. Working for the prosecution team, you could help protect the public from a lot of dangerous people. You might also help desperate people find mercy, restitution and a second chance. As a member of the defense team, you could help give a voice to those who are facing one of the most difficult times in their lives.
You could help protect their right to an education, employment and a future unburdened by a criminal record. There are some errors in the form. Please correct the errors and submit again. By selecting "Submit," I authorize Rasmussen University to contact me by email, phone or text message at the number provided. There is no obligation to enroll. Hannah Meinke is a writer at Collegis Education. She enjoys helping people discover their purpose and passion by crafting education and career-related content on behalf of Rasmussen University.
Jury - twelve people who have been chosen to listen to all the facts in a trial in a law court and to decide whether a person is guilty or not guilty. Magistrates' court - less serious criminal offences, family cases, such as divorce proceedings and youth offences are usually tried at a magistrates' court.
Prosecutor - a trained lawyer who tries to prove the defendant guilty of committing a crime in a court of law. Solicitor - a type of lawyer who is trained to give advice and prepare cases and can defend or represent people in magistrates court.
Witness - a person who stands up in court to state what they know after taking an oath to tell the truth. Help us to improve our website; let us know what you think by taking our short survey. Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme.
Roles of people in the court After a person has been charged with a crime, a judge or a judge and jury must decide if there is enough evidence to convict that person of the crime. What do the Judge and Jury do? What does a prosecutor do? The prosecutor prepares the case by: researching the law; gathering and reviewing evidence, exhibits, and preparing paperwork for the Court; and interviewing witnesses. What does a defence lawyer do?
At trial, a defence lawyer must: question the evidence put forward by the prosecution; examine the importance or relevance of that evidence; and explore other possible interpretations.
What is the role of witnesses and victims? Report a problem on this page Please select all that apply: Something is broken. Provide more details optional :.
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