what does a criminal defense attorney

by Jan Runolfsdottir 4 min read

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.

Full Answer

Why do you need a criminal defense attorney?

One of the most notable benefits of hiring a criminal defense attorney is that you’re lowering your risk of harsh penalties, such as jail time . When your freedom is on the line , you want to have the best possible representation. A criminal defense attorney also has your best interest in mind throughout every stage of the process. The criminal justice system can be complicated and intimidating, so having an experienced lawyer by your side makes a huge difference. Your lawyer can look into your case and see options that you didn’t know were there. They can conduct research and full investigations to find new evidence. They can design a powerful defense to sway a judge or jury in your favor. They can also negotiate on your behalf to create an acceptable plea deal with the prosecutor. Overall, a criminal defense attorney can provide peace of mind and offer support throughout a difficult legal obstacle.

What to ask a criminal defense lawyer?

Beyond asking ‘what does a criminal defense attorney do?’, you’re going to ask your lawyer a lot of other questions throughout the course of your case. However, at the initial consultation, there are a few key questions to ask. First, it’s important to ask them if they’ve ever tackled a case like yours in the past. This gives them an opportunity to share their experience and provide more information about possible defense plans. It’s also smart to ask about their success rate. There are lawyers out there with lots of experience but low success rates, and there are those with experience that have a long list of positive results. To make sure this is a lawyer you can afford, be sure to ask about the cost. You don’t want to be blindsided by unknown fees, so asking this upfront can give you an idea of what you’ll need to pay moving forward. Lastly, it’s always a good idea to ask if this will be the lawyer handling your case or if you’ll be passed around to associates. This can help you understand who to communicate with throughout each stage of the case and if you’re going to get what you pay for.

Can a criminal defense lawyer handle a case alone?

Unless you have a strong background in criminal law and you’ve previously worked as an attorney, it’s never recommended to handle your criminal case alone. It can be incredibly complicated to navigate the criminal justice system without experience. When the prosecutor has a powerful case against you, it can be very difficult to investigate your case, discover new evidence, or interview witnesses, especially if you’re incarcerated throughout the pretrial phase. A criminal defense lawyer brings a lot of benefits to the table and can lower your risk of severe penalties and punishments. In some cases, a good criminal defense attorney can even get your case dismissed. Remember that a criminal lawyer has years of higher education under their belt and they’ve been admitted to the bar, meaning that they’re allowed to practice law in their jurisdiction. Without these qualifications, it’s highly advised to work with a skilled criminal defense lawyer over representing yourself.

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 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.

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