What Is a Defense Attorney?

If you are charged with a crime, you have a right to defend yourself against those charges. A criminal defense attorney can help you navigate the criminal justice system, prepare and present your legal defense, and ensure your rights are protected.

Facing questioning from police, a judge, or a prosecutor is intimidating. Criminal defense attorneys handle these interactions for a living. This experience is essential in crafting your legal defense, navigating jury selection, negotiating a plea bargain, and advocating for you at trial or during sentencing. Get a lawyer’s help today.

When To Hire A Criminal Defense Lawyer

Hiring an attorney is a personal choice, but remember the importance of having quality legal representation when there are legal consequences like fines or time in prison on the line.

Some people represent themselves for less serious matters like traffic tickets. Other charges are more serious misdemeanors and felonies. In those cases, a defense attorney can help you learn about the charges and determine the best ways to build a case that proves your innocence or achieves a favorable plea bargain.

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. The defense attorney must also form a client relationship to know what is important to you before you set foot in the criminal court.

Within the criminal defense practice, an attorney might choose to specialize in specific areas of criminal law, like drug charges, violent crimes, federal charges, or sex crimes. By specializing in specific areas, an attorney has the time to build strong knowledge and experience defending against these types of charges.

Investigative Abilities

A defense attorney has to spend time going through evidence pertaining to the charges. This can include calling in outside help to investigate the case, speaking to witnesses, finding expert witnesses, and gathering additional evidence that can improve the chances of a not guilty verdict.

Guide the Defendant

There are multiple ways that a criminal case can be resolved in the legal system. An experienced attorney has to help a defendant decide how to proceed with their defense. This might include giving legal advice, negotiating with the prosecuting attorney for a suitable plea deal, and creating ways to cast reasonable doubt as to your guilt. If you don’t want a plea agreement or if one isn’t possible, your attorney then has to develop a strong defense strategy to best protect your interests.

Present a Defense

Without a plea deal, a criminal defendant’s case will likely go to trial. Your defense attorney will present your side of the story before the judge and jury. Not all lawyers have the same trial experience. Your lawyer must be familiar with the laws and statutes of your 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.

Appeal Decisions When Necessary

There are sometimes instances when it’s necessary to appeal a conviction or sentence. Criminal defense lawyers handle this aspect of the criminal justice system. Appeals in criminal cases can be very complex, so in-depth knowledge of the appeals process is helpful in those cases.

With the potential consequences you face due to a conviction, it is easy to understand why having legal representation is so important to fight your criminal charges.

Using a Public Defender or Private Law Firm?

If hiring a criminal defense lawyer is right for you, there might be options. You can opt for a public defender if you financially qualify, or you might elect to hire your own lawyer from a private practice. Both public defenders and private criminal defense attorneys are licensed lawyers, but you may prefer one over the other depending on your financial situation or personal preference.

Public Defender

When you are arrested, police must provide you with your Miranda rights. One of those rights is that you have the right to an attorney, and if you cannot afford one, then you may receive an attorney appointed to represent you. This attorney is a public defender.

Each state has its own qualifying criteria for access to the public defender’s office. If you believe you qualify, then the police can find you a public defender to speak with and provide you with the appropriate financial questionnaire. If you qualify for continued use of a public defender, one will be appointed to you for the duration of your case.

This may not be completely free depending on the rules in your county or state. Some jurisdictions use a sliding scale fee to determine a percentage of attorney fees you must pay based on your income.

Hiring Your Own Attorney

A number of people go straight for hiring a private criminal defense attorney, even they qualify for a public defender. Whether you’re accused of a white-collar crime, a violent felony, or a misdemeanor, your attorney will present evidence to cast reasonable doubt on the criminal prosecution’s case.

When beginning your search, interview a few attorneys or law firms before you make your decision. The attorney you hire is going to represent you and your rights, so make sure you are comfortable with your decision.

Many criminal defense attorneys offer free initial consultations so they can evaluate your case. This is also an opportunity to discuss their legal strategies as well as legal fees for handling your case.

Hiring a criminal defense lawyer may be more affordable than you think. A number of criminal attorneys use payment plans, or require an upfront retainer fee with a few installments to be paid later. Others may opt for one flat fee, but this may save you money in the long run.