How Criminal Defense Attorneys Protect Your Rights During Investigations and Trials
Nov. 12, 2025
When facing criminal charges, the experience can be overwhelming and frightening. The legal system can seem like a maze of rules, deadlines, and formalities that few people fully understand. That’s where criminal defense attorneys step in. Their role is critical in protecting your rights at every stage—from the initial investigation to the courtroom trial.
Criminal defense lawyers play a vital part in advocating for those accused, making sure the law is fairly applied and that every individual receives a fair process.
At Dan Mellen, Attorney at Law, we understand how overwhelming it can be to face criminal charges. With a background as a former prosecutor and extensive experience in public defense, our lead attorney Dan Mellen has personally represented over 1,800 clients and supervised a cohort handling thousands more. This hands-on experience equips us to offer compassionate, strategic, and aggressive representation.
Here, we’ll explain how criminal defense attorneys work to protect your rights during investigations and trials, highlighting what you can expect and why having skilled representation matters.
What to Know About the Role of Criminal Defense Attorneys
Criminal defense attorneys are legal professionals who focus on defending individuals charged with crimes. Their job goes beyond just representing you in court—they’re involved from the moment law enforcement begins investigating a case against you.
During investigations, criminal defense lawyers work to protect your constitutional rights, like the right to remain silent and the right to an attorney. They help prevent violations such as unlawful searches or coerced confessions, which could unfairly damage your case.
Once the case moves to trial, these attorneys develop a defense strategy based on the evidence and the law. They challenge the prosecution’s claims, cross-examine witnesses, and present your side of the story to the judge or jury.
How Criminal Defense Attorneys Protect Your Rights During Investigations
The investigative phase is critical because what happens here can shape the entire case. A skilled criminal defense attorney is involved early to safeguard your rights and prevent mistakes that might harm your defense. Here are some key ways they protect you during investigations:
Advising you on your rights: After an arrest or when you become a suspect, a defense attorney will explain your rights, including the right to remain silent and the right to refuse searches without a warrant.
Reviewing law enforcement actions: They examine how the police and investigators conduct their work, looking for illegal searches, seizures, or violations of procedure.
Challenging evidence: If evidence was gathered unlawfully, a defense lawyer can file motions to exclude that evidence from the case.
Communicating with law enforcement: Rather than speaking directly to police without guidance, your lawyer handles or advises on communication, preventing self-incrimination or misleading statements.
Preserving your defense options: Early intervention by your lawyer helps protect potential defenses and prepares a strategy even before formal charges are filed.
By getting involved early, your criminal defense attorney helps level the playing field and protects you from missteps that could weaken your case later on. Their role during the investigation can be just as important as their role in the courtroom, setting the stage for a stronger defense from day one.
What Happens During a Criminal Trial?
When a case proceeds to trial, it becomes a formal legal proceeding where your guilt or innocence is determined. Criminal defense attorneys guide you through this process while protecting your rights every step of the way.
A typical trial involves opening statements, presentation of evidence, witness testimonies, cross-examinations, closing arguments, and finally, a verdict by a judge or jury. During this phase, your lawyer fights to show reasonable doubt about your guilt or to argue mitigating circumstances that may reduce charges or penalties.
Key Rights That Criminal Defense Attorneys Protect at Trial
During trial, your criminal defense attorney focuses on several fundamental rights designed to protect defendants:
Right to a fair trial: This includes the right to an impartial judge and jury and the ability to present a full defense.
Right against self-incrimination: Defendants don’t have to testify or provide evidence against themselves.
Right to confront witnesses: Your attorney cross-examines prosecution witnesses to challenge their credibility or testimony.
Right to effective counsel: You’re entitled to legal representation that actively defends your interests.
Right to due process: All legal procedures must be followed fairly and consistently.
These rights form the backbone of a fair justice system and help prevent wrongful convictions. Your criminal defense attorney works to uphold each of them, making sure your case is handled with care and that you're treated justly throughout the trial process.
Common Strategies Used by Criminal Defense Attorneys
Criminal defense lawyers use various strategies to protect your rights and build a defense during investigations and trials. These strategies depend on the facts of the case, the evidence available, and the charges you face. Here are some examples:
Challenging evidence: Arguing that key evidence was obtained illegally or is unreliable.
Questioning witnesses: Highlighting inconsistencies or biases in witness statements.
Presenting alibis: Showing that you were not at the crime scene or involved in the offense.
Highlighting procedural errors: Pointing out mistakes made by law enforcement or prosecutors.
Negotiating plea deals: When appropriate, working to reduce charges or penalties through negotiation.
Each of these strategies plays a role in protecting your rights and aiming for a favorable outcome. A skilled criminal defense attorney will assess your case from every angle to decide which approach—or combination of approaches—gives you the strongest defense.
Why You Need a Criminal Defense Attorney in Washington
Washington state has its own criminal laws, procedures, and court rules, which can differ significantly from other states. A local criminal defense attorney knows these specifics and understands how courts and prosecutors in Washington operate.
Additionally, criminal defense attorneys offer:
Experience with local courts: Familiarity with judges, prosecutors, and law enforcement practices in Washington.
Understanding of state laws: Information about Washington’s criminal statutes and legal standards.
Access to resources: Ability to gather expert witnesses, conduct investigations, and analyze evidence thoroughly.
Personalized advice: Tailoring defense strategies to your unique situation and goals.
These advantages can make a meaningful difference in how your case is handled and ultimately resolved. Working with a local criminal defense attorney means you're not starting from scratch—they bring valuable knowledge and connections that can help you move forward with greater confidence.
What to Do If You’re Under Investigation or Facing Charges
If you find yourself the subject of a criminal investigation or facing charges in Washington, here are some important steps to take:
Stay calm and avoid discussing your case with law enforcement without an attorney present.
Contact a criminal defense attorney immediately to protect your rights.
Collect and keep records related to the case, including any correspondence or documents.
Follow your lawyer’s advice closely throughout the process.
Avoid posting details about your case on social media, as this can be used against you.
Taking these steps early can help protect your rights and strengthen your defense from the start. What you do—or don’t do—immediately after an investigation begins can have a major impact on the direction of your case.
Protect Your Rights With Criminal Defense Support
Facing criminal charges or being under investigation is a serious situation that calls for experienced legal support. At Dan Mellen, Attorney at Law, we’re committed to standing by your side from the moment questions arise through the end of your case.
Based in Vancouver, Washington, we serve clients throughout Clark County, Cowlitz County, Lewis County, and Wahkiakum County. With a strong focus on criminal defense and a deep understanding of Washington’s legal system, we work hard to protect your rights and pursue a fair outcome.
If you’re being investigated or have been charged with a crime, don’t wait—contact us today to schedule a free consultation and find out how we can help.