criminal defense attorney what do they do

What Makes a Criminal Defense Attorney So Important?

There are those who think that they can understand the law well enough to represent themselves. Under the constitution, you have that right if you so choose to invoke it. Of course, you may not understand the laws as well as you think. In which case, self-representation can lead to severe consequences.

Before the Trial Services

The job of a criminal defense attorney begins long before they step into the courtroom. When they are hired dictates exactly how much pre-trial work they are able to do. For example, some people choose to hire a lawyer as soon as the police begin investigating them.

During Trial Services

When you go to trial, your criminal defense attorney is invaluable. They start by selecting a jury that they feel will vote in favor of your innocence. They continually work with you to develop the best defense strategy.

What Does a Criminal Defense Attorney Do?

Criminal defense attorneys (private and court-appointed) research the facts, investigate the case against their clients, and try to negotiate deals with their adversaries (prosecutors). These deals might include reduced bail, reduced charges, and reduced sentences. Because of a number of factors—political and public pressure, overcrowded jails, overloaded court calendars—deal-making has grown in importance and has become an essential element in unclogging the criminal justice system.

What does a defense lawyer do?

Defense counsel also provide more personal services by giving the defendant a reality check as to the possible outcomes and by helping the defendant to deal with the frustrations and fears resulting from being thrown into the criminal justice system. And of course, if no plea deal can be made, the defense lawyer represents the defendant at trial.

What is a court appointed attorney?

These court-appointed attorneys are either public defenders who are on government salary, or they are so-called "panel attorneys," local attorneys chosen from a panel. A small fraction of criminal defendants (approximately two percent) represent themselves and are referred to as "pro se" or "pro per" defendants.

What is the best indicator of the quality of a lawyer?

Ultimately, the experience, skills, and commitment of the particular attorney at hand —regardless of whether he or she is a public defender, panel attorney, or private lawyer—are the best indicator of the quality of the representation.

Do private attorneys have the same conviction rates as public defenders?

For example, one study indicated that defendants represented by private counsel and public defenders fared similarly in conviction rates and sentencing (although those represented by panel attorneys fared worse). Such statistical evidence is not always reliable or clear because of complicating factors. For instance, clients represented by private counsel often have short or no prior criminal records, while indigent defendants are twice as likely to be repeat offenders. What is also unclear—and what creates one of the biggest uncertainties of the criminal justice system—is whether private attorneys can negotiate better plea deals than court-appointed counsel.

Can a defendant represent themselves?

What is clear is that being represented by a lawyer is almost always the best option. Nevertheless, some criminal defendants represent themselves. The decision of whether a defendant can self-represent is ultimately made by the judge, not the defendant. The judge is required to determine the defendant's competency.

Is a private attorney a defender?

Many private attorneys are former prosecutors or public defenders. Based on studies that evaluate the outcomes of having a private versus court-appointed attorney, data seems to indicate that the results for defendants are often the same.

What can a criminal defense attorney do?

Criminal defense attorneys can also assist you during the criminal trial. They can analyze your case, identifying its strengths and weaknesses. From there, your attorney and you can collaborate to come up with a defense strategy.

Why do people need a criminal defense lawyer?

Some people choose to retain a lawyer during the investigation period of a crime, before they are even charged. This often happens if someone is a suspect and has reason to believe that he or she will soon be charged. In these instances, a criminal defense lawyer may help instruct the individual while being questioned by authorities to ensure the suspect doesn't divulge any incriminating information.

Why are Criminal Defense Attorneys Important?

The majority of crimes are state crimes. Exceptions include causing damage to federal property or inflicting injury upon a federal employee.

What is probable cause in criminal defense?

Criminal defense attorneys have a nuanced understanding of probable cause as it is defined within your jurisdiction and may be able to present a challenge to the officers reasoning in court. If the attorney can show that the officer may not have had probable cause to investigate the alleged crime scene and make an arrest, ...

What can a lawyer do for a criminal case?

Your lawyer can also assist with the standard steps of a criminal trial, from jury selection to providing opening statements to questioning witnesses. And if your trial does not go in your favor, criminal defense attorneys can assist you with the appeals process.

What happens when a suspect is questioned?

In these instances, a criminal defense lawyer may help instruct the individual while being questioned by authorities to ensure the suspect doesn't divulge any incriminating information.

Can a misdemeanor lead to prison?

Misdemeanors, which are lesser crimes, might only entail a fine or a brief jail sentence, but felonies, which are more serious crimes, can lead to long prison terms. This is why it is so important to have someone knowledgeable about the law argue on your behalf.

How do criminal defense lawyers work?

A criminal defense lawyer may be contacted directly by the defendant or may be assigned the case by the court. Many criminal defense lawyers are public defenders who are paid by the public defender’s office. They are appointed cases by local, state or federal courts. Other criminal defense lawyers are hired by private firms. Some criminal defense lawyers have an independent legal office that they man themselves. Public defenders tend to be paid a lower salary than private lawyers and also tend to have a higher case load due to the referral process and the pay coming from individuals other than defendants. In some cases, a court may appoint a private lawyer to take a specific case.

What is the purpose of a criminal defense lawyer?

In addition to asking the criminal defendant pointed questions about the case, he or she must further investigate the case to determine any possible avenues of acquitting the defendant. This often includes questioning police about the procedures that they used in conjunction with the case. It may also include talking to witnesses who have information about the case and collecting information about the case. All of this information is used to try to build a strong defense for the case. If an expert witness is used in the case, the criminal defense lawyer may interview him or her about the testimony he or she may provide and the evidence that may be presented in case.

What is a plea bargain lawyer?

Plea Bargaining. A criminal defense lawyer is also responsible for talking about the status of the case and negotiating with the prosecutor regarding any particular plea bargain. A criminal defense lawyer may be able to help secure a favorable deal for the defendant that results in a reduction of charges or the possible punishment.

What is the role of a lawyer in a case?

The lawyer must ensure that conversations with the client is kept confidential. The lawyer must also ensure that he or she communicates information about the case to the client so that he or she has a better understanding of the possible consequences .

Who can represent a defendant in a sentencing?

If the criminal defendant is sentenced for the crime either because he or she accepted a plea bargain or was convicted by the judge or jury, a criminal defense lawyer can represent the defendant during the sentencing phase.

Do public defenders get paid?

Public defenders tend to be paid a lower salary than private lawyers and also tend to have a higher case load due to the referral process and the pay coming from individuals other than defendants. In some cases, a court may appoint a private lawyer to take a specific case.

What Does A Criminal Defense Attorney Do?

Criminal defense lawyers focus on protecting the rights of defendants and helping them build defenses that reduce the negative consequences of being arrested. Within the criminal defense practice, an attorney might choose to sub-specialize on specific types of crimes. For example, some defense lawyers might only handle cases involving drug charges, violent crimes, federal charges, or sex crime charges. By specializing in very specific areas, the attorney usually has the time to build strong knowledge and experience defending against these types of charges.

What kind of charges does a defense lawyer handle?

For example, some defense lawyers might only handle cases involving drug charges, violent crimes, federal charges, or sex crime charges. By specializing in very specific areas, the attorney usually has the time to build strong knowledge and experience defending against these types of charges.

How to resolve a criminal case?

Guide the Defendant. There are multiple ways that a criminal case can be resolved. A defense attorney has to help a defendant decide how to proceed with their defense. This might include negotiating with the prosecution to determine if there is a suitable plea deal available. If you don’t want a plea deal or if one isn’t possible, ...

Why do criminal defense attorneys offer free initial consultations?

Most criminal defense attorneys offer free initial consultations so they can get to know you and evaluate the case after hearing your situation. This first consultation is also an opportunity to discuss their legal strategies as well as legal fees for handling your case.

Why is legal representation important?

With the potential consequences a person faces because of a criminal conviction, it is easy to understand why having legal representation is so important. Unlike laypeople, defense attorneys have formal schooling and professional resources available that help them determine suitable defense strategies. Anyone facing criminal charges should contact an attorney who has experience handling similar cases.

What happens if you don't plead guilty?

Without a plea deal, the case will likely go to trial. In that case, the defense attorney has to present the defendant’s side of the story before the court and jury. Not all lawyers have the same level of experience at trial. Attorneys have to be familiar with the laws and statutes that apply to the case and be able to make persuasive arguments to the jury advocating for a not guilty verdict. They should also know when to argue for a mistrial.

What to do if you are arrested?

If you are arrested or learn you are under investigation, the first thing you should do is contact an experienced criminal defense attorney.