Matt Horeczko - What Is The Role Of Defense Counsel?

You are entitled to defense counsel in many criminal cases, from the point at which you are provisionally charged until the case has been decided, says Matt Horeczko. Read about the appointment of defense counsels.

This means that the defense counsel does not have to be objective, and his or her job is solely to protect your interests. His or her job is to highlight all the information and circumstances in your favor.

Before the trial proceedings

The defense attorney is entitled to be present when the police officials interview you in connection with a potential criminal case against you. 

It is also possible for the defense counsel to request that the police conduct investigative steps that he or she believes are relevant to the case, such as witness interviews or technical examinations of fingerprints, DNA traces, telecom data, or video surveillance recordings. If the police find these investigative steps irrelevant, the court will have to decide whether they should be conducted.

During the trial proceedings

A prosecution service will decide on any further action in the case after the police have completed their investigation.

A formal charge will be brought by the prosecution service if it finds sufficient evidence to convict you. Once the formal charge is brought, an indictment listing the charges will accompany the case. This means you have no longer been provisionally charged, but have been formally charged.

After the trial proceedings

The court and the defense lawyer will guide you regarding your options if you lose an appeal in a criminal case. You can generally decide to have your case listened to in both the district court as well as the high court.

An appeal must be filed within 14 days of the judgment being delivered by you or the prosecution service.

According to Matt Horeczko, the court will decide whether you should remain in custody if you have been in custody during the proceedings.