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Criminal-Defense
Articles > What differentiates
a criminal defense lawyer?
What
differentiates a criminal defense lawyer?
Suppose, a dissatisfied former employee of your firm has been
making accusations against you to the United States Attorney's
office. You regularly use a good law firm for your business
matters. If an FBI agent wants to talk to you, should you
let your civil lawyers respond, or should you look for a criminal
defense lawyer who doesn't draft contracts or private placement
memoranda but is always in court, defending people accused
of crimes?
What distinguishes a criminal defense lawyer from other members
of the legal profession?
Unlike any other you will ever face, a criminal investigation
by a state or federal law enforcement agency will be a different
experience. The goal of such an investigation is not merely
some negotiated sum of money in settlement, or an injunction.
This investigation's goal is you. These investigators are
serious and even may put you in jail. They are people whose
laudable goal is to uncover and punish criminal activity.
However, people who are drawn to careers in law enforcement
are 'true believers' who become over-zealous, even self-righteous,
and capable of losing track of notions of fairness and objectivity
in their drive to get convictions. Far too often, before reasonable
alternatives have been investigated, the case agents make
up their minds. The "investigation" then becomes
a search only for evidence that supports their foregone conclusion
that you are guilty. Evidence inconsistent with your guilt
is ignored or abandoned, or covered up.
You are dragged into the government's special arena, and trapped
in the hands of a zealous, self-righteous bureaucracy. You
are swept along in a process governed by written and unwritten
rules very different from the rules that govern your other
legal and personal affairs. Some of these rules exist to protect
you from unfair tactics and wrongful prosecution. But, these
rules will be ignored and subverted by your accusers until
you have a criminal defense lawyer on your side.
The first instinct of people who are being accused is to defend
themselves by explaining the innocence of their conduct to
the agent. This is also the approach often advocated by the
civil lawyers used by the accused for other matters, and this
is to be expected. After all, the proper response to a civil
lawsuit is a pleading called the "Answer", a document
that responds to a plaintiff's complaint with denials, explanations,
facts, and even counterclaims. Likewise, civil lawyers know
that responding to an inquiry from a regulatory agency is
often "mandatory" for regulated businesses, and
may tend to treat an FBI inquiry as if the client were "required"
to respond.
Unfortunately, the prosecution is often on a crusade in the
criminal arena. The decision to prosecute has practically
been made by the time an FBI or other law enforcement agent
is ready to interview you. This is probably not the time to
put any of your cards on the table. For one thing, the prosecution
will not be showing its cards.
Until you are actually charged, you will have very little
idea what the accusations against you are. Even then, the
government will hide every bit of information about its case
it can, and will give you information only grudgingly. Often
the agents will deliberately lie to you, claiming some former
employee or partner has admitted guilt and implicated you
even though they haven't, just to get you to "give up"
and "confess."
In this situation, the best thing to do is to refuse to speak
with the agents and demand to talk with a lawyer first. This
is your most fundamental right. Then you should call that
civil firm you normally use and ask for the name of a good,
experienced criminal defense lawyer, or do some looking on
your own.
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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