By Nick Toufexis, Attorney — Saputo Toufexis | Criminal Defense
Criminal defense attorneys stand at the forefront of the justice system, shouldering the responsibility of safeguarding the rights and liberties of those facing charges filed by the government’s attorneys. Many see this part of the profession as a vocation rather than a job. And within this field, attorneys experience both immense rewards and formidable challenges.
As attorneys, we must adapt to our state’s particular brand of justice and constantly evolve to serve our clients best. And like with any other profession, there are numerous common misconceptions about what it is that we actually do — even from within the bar.
Common misconceptions
Many misconceptions about criminal defense are born from what people see on TV and what they believe are common truths about the law.
One of the most common misconceptions is the speed at which criminal trials progress. On television, everything can be wrapped up, from arrest to trial, in a neat bow within an hour or less. However, in real life, it is not unusual for cases to drag on for years. A myriad of parts make up a case, and many professionals outside of lawyers have a role to play in moving a case forward. From the police officers to the judges to the clerks and probation officers, most cases have a litany of touchpoints before they arrive at “case closed.”
In addition to misconceptions about speed, many believe all cases come with abundant evidence — physical, video, and even DNA. The truth is, most cases come down to one person’s word against another. Whether justice is served or an innocent person ends up behind bars, it often comes down to believable storytelling. The lawyer’s job is to help some witnesses tell their stories and point out flaws in the stories of other witnesses.
A misconception — or misunderstanding, rather — that follows criminal defense lawyers, in particular, is the supposed difficulty of representing someone guilty. In reality, those can be the easiest cases to deal with. The most challenging cases we run across are when we sincerely believe the client is innocent. If you lose those cases, it hurts. It is something that sticks with you. Representing innocent people can be one of the most challenging parts of my job.
Ups and downs
Each criminal defense attorney must navigate the complex labyrinth of the justice system, which comes with a host of challenges and some gratifying moments. All attorneys grapple with ethical dilemmas, emotional situations, and often high stakes.
One of the biggest rewards is winning a case; it can feel great. There is nothing like winning someone’s freedom. Conversely, losing can feel awful — especially after years of work on a case.
Another reward can be your incredible working relationships with others with whom you share the profession. Regardless of the age-old jokes about lawyers, most attorneys are good people. Defense attorneys and prosecutors often have far better working relationships than people may believe. The culture promotes a shared interest in justice and meaningful working relationships.
However amicable the relationship between defense and prosecution can be, it can be difficult to deal with some judges.
Criminal defense in the Lone Star State
Nowhere is the dichotomy between reward and challenge more palpable than in the criminal justice landscape of Texas. The particular approach to criminal law that Texas has become almost infamous for informs every moment of our working day and how we approach every case.
In addition, the cultural landscape of Texas is deeply rooted in a history that is not big on due process. Many people have a picture in their heads of the cowboy-hat-wearing local “Sheriff” who is running the town. A history of mob rule, hangings, slavery, and authoritarian policing has marred much of Texas’s legal history. Law and procedure have a long way to go in Texas, even today, especially concerning protections for voir dire or legal procedure.
To navigate this complicated legal landscape, criminal defense attorneys must press forward as hard as possible. They must be ready to apply their lawyering skills and utilize every tool in their legal toolbox. Attorneys must be prepared to play politics and be the best lawyers they can be.
Criminal defense attorneys: Our greatest champions for justice
The role of the criminal defense attorney is highly intricate, walking a tightrope between upholding the tenets of justice and addressing the moral and emotional complexities of defending those accused of crimes.
While the profession offers the fulfillment of safeguarding clients’ rights and protecting fair representation, it also demands resilience in the face of misconceptions, social pressure, and state-specific hurdles.
By reflecting on the pros and cons and the challenges of practicing within the state of Texas specifically, we can see that choosing to be a criminal defense attorney is not simply a career choice but a commitment to the principles of justice.
Published by: Aly Cinco
