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Criminal-Defense
Articles > Role of Criminal Defense
Lawyer
Role
of Criminal Defense Lawyer
If you are being accused of a criminal conduct, you need a
lawyer who can defend you. Your lawyer should be driven by
the desire to defend you as of the prosecutor who is driven
by the need to prosecute.
Only a criminal defense lawyer can protect you from the processes
at work in the criminal case. An experienced criminal defense
lawyer has the skill to learn the facts and applicable laws
and regulations of your case quickly, and apply these things
in the special arena of prosecutors, search warrants, proof
beyond a reasonable doubt, and the Bill of Rights.
There are lawyers, and then there are criminal defense lawyers.
The criminal defense lawyers always think in terms of attacking
a case, knowing that they must focus on what the other side
is trying to prove so that this 'proof' can be picked apart,
piece-by-piece. Criminal defense lawyers appreciate that the
opponent must prove a charge against their client "beyond
a reasonable doubt," a standard of proof that must be
exploited, a standard of proof much higher than civil lawyers
applies in their cases.
Civil lawyers, generally concern themselves with proving a
case. Their main task is to present proof of some injury caused
by the other side.
On the other hand, criminal defense lawyers attack cases with
tools never used by civil lawyers. Apparatus of a criminal
defense lawyer include: efforts to suppress evidence seized
from an office, home, computer, or to repress interviews and
statements, and to exclude business records.
The Fourth, Fifth, Sixth and Eighth Amendments to the United
States Constitution are such apparatus. The criminal procedure,
criminal evidence, and changing case law relating to crimes
are other such complex issues. The changing case law relating
to crimes is a tool that is not usually used well by a lawyer
who doesn't practice in the criminal courts daily.
Unless your lawyer regularly deals with such criminal law
issues, his or her imagination may not be primed to seize
upon the subtle nuances of the facts, which will permit the
fashioning of a winning defense.
The criminal defense lawyers are trial lawyers. They live
for jury trial. They prefer to go to trial, and recommend
that option to clients more often than do their civil counterparts.
Civil lawyers tend to give conservative advice. It is usually
better to negotiate and settle a case where money or property
is involved, rather than bear the burden of monetary expense
for a trial.
In a criminal case, a conservative approach will almost mean
pleading guilty and seeking the least amount of punishment.
However, in the best interests of the client, some times criminal
cases are resolved through negotiation. A true criminal defense
lawyer, however, approaches even plea negotiations with aggression.
The defense lawyer must come out strong in persuading the
prosecution that the weaknesses in its case justify a compromise
on punishment.
The prosecutor must also be made to understand that the defense
attorney knows how to try a case, and in fact likes jury trials.
An attractive plea agreement with a substantial savings on
jail time should be offered if the prosecutor wants to avoid
the time and expense of a jury trial, and the risk of the
defendant's acquittal.
A criminal defense lawyer prepares the defense from the beginning
as if jury trial is inevitable. This is another reason why
criminal defense lawyers very often practice law by themselves.
It requires a great deal of lawyer time for preparing the
case going for trial, more time than a lawyer can possibly
charge the client for at three or four hundred dollars per
hour.
As because the criminal lawyer has to work at an hourly rate
effectively lower than that billed by civil lawyers, attorneys
who are driven to defend people accused of crime are most
often encouraged to open their own law practices. This is
for the best. Criminal defense lawyers tend to be characters
that don't fit in that entire well with other lawyers anyway.
Criminal defense lawyers have special skills. The criminal
courtroom is a very different place. The lawyers who drafted
your estate plan or helped your business "go public",
mayn't have enough experience with the process of the criminal
investigation to protect your every step of the way. They
mayn't have the same expertise in front of a prosecution-friendly
judge during the delicate pre-trial hearings which will determine
how much of the prosecution's evidence will be allowed to
go to the jury. If your criminal case has to go to trial,
the civil lawyers mayn't have the proper frame of mind to
aggressively tear into the prosecution's proof.
The civil lawyers mayn't have the overall experience and skill
to decide whether you should go all the way through trial
or seek a plea agreement. They mayn't have the expertise to
look at the prosecution's case and size it up. A criminal
defense lawyer possesses such skill and knows well that sometimes
the question of whether a client is guilty is less important
than the question of whether the prosecution can prove guilt.
Further reading resources
Criminal Defense Lawyer - Your Complete Criminal Defense Center
Laws, news and information concerning all aspects of criminal law and criminal defense. Find a criminal defense attoney, lawyer or law firm in your area by ...
National Association of Criminal Defense Lawyers (NACDL)
Largest US organization of defense attorneys. Generally advocates for legislation and court rules to protect defendants. Magazine, projects, issues ...
Miami Criminal Lawyer - Miami Federal Criminal Defense Attorney ...
Attorney David Edelstein is an experienced criminal defense lawyer handling all types of State and Federal cases in Miami, Fort Lauderdale, WPB and other ...
Skilled California Criminal Defense Attorney | Los Angeles Lawyer ...
Stephen G. Rodriguez, Los Angeles, California Criminal Defense Attorney, provides skilled legal representation to defendants charged with crimes, felony, ...
texas criminal defense lawyers association
2400-attorney organization. Links to legislation, issues, events, news, and links to other criminal defense organizations.
Austin Criminal Defense Lawyer & Attorney : Jamie Spencer Law Firm ...
Either way, Houston criminal defense lawyer Mark Bennett just addressed this issue, and unfortunately the law is clear: as far as Chapter 55 expunctions go, ...
CRIMINAL ATTORNEYS - DEFENSE LAWYERS - IMHOFF AND ASSOCIATES, P.C.
Imhoff and Associates, PC Criminal Defense Attorneys, Practice Criminal Law in Federal, State, Military, Juvenile and Appellate Courts. All Criminal Charges ...
Criminal Defense Attorneys, DUI Lawyers - Criminal Law Lawyer Source
Nationwide Criminal Defense Attorney & Criminal Lawyer directory. DUI Lawyers & criminal defense lawyers experienced in defending wrongful charges of dui, ...
Oregon Criminal Defense Lawyers Association
Advocates issues concerning criminal defense attorneys and related professionals. Has public announcements, meeting calendar, legal document library, ...
Criminal Defense Lawyer FAQ
If you face the possibility of going to jail, find a good criminal defense lawyer.
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