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What Is a Criminal Defense Attorney and When Do You Need One?

In this article, you’ll learn about what a criminal defense attorney is and when you might want to hire one for your case. Read on to help protect your rights.

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Kara Manosh

September 4, 2024 01:09 PM

Facing criminal charges can be overwhelming. You may believe that the system will work for you if you are innocent. However, innocent people are often convicted of crimes. If you are under investigation or arrested, you need to hire a criminal defense lawyer as soon as possible.

What Is a Criminal Defense Attorney?

A criminal defense attorney or criminal attorney is a lawyer who defends individuals and entities against criminal charges. The criminal charges may stem from local, state, or federal law enforcement agencies.

The consequences of a criminal conviction can be severe. A criminal defense attorney is on your side and fights to protect your legal rights and best interests throughout the legal proceedings.

What Can a Criminal Defense Attorney Do To Help Me if I’m Arrested?

You may question whether you need to hire a criminal defense attorney. The law doesn’t require you to hire a lawyer. However, representing yourself against criminal charges could have devastating consequences, including jail time, fines, probation, and other criminal penalties.

The benefits of hiring a criminal defense attorney cannot be overstated. Things that your criminal attorney can do to help you after an arrest or while you are under investigation include, but are not limited to:

  • Explain the laws that apply in your case
  • Guide you through the complex criminal justice system with its many rules and regulations
  • Investigate the criminal charges against you, including gathering evidence to support your defense
  • Analyzing the state’s evidence against you to determine the strength of their case
  • Interview and examine witnesses
  • Manage all aspects of your case, from filing motions and challenging evidence to negotiating plea bargains if that is in your best interest
  • Represent you across all states of the criminal case, including arrests, bonds, court appearances, plea negotiations, and a criminal trial
  • Protect your legal rights by holding law enforcement and the prosecution accountable for misconduct

Your criminal defense lawyer will try to have your case dismissed. They will develop defense strategies that use the evidence to convince the prosecutor or a judge that the state’s evidence is insufficient to support the charges.

If your case moves forward, your attorney will work to have the charges against you decreased. Charge reduction is often an element of plea bargaining. Your criminal lawyer advises you of your options and the chances of winning if you go to court versus the benefits of accepting a plea deal.

Is a Private Criminal Defense Lawyer Better Than a Public Defender?

Skilled public defenders are available if you cannot afford to hire a criminal defense lawyer. However, you must meet the requirements and qualifications to have a court-appointed public defender.

Generally, public defenders have a large caseload. Therefore, you might not receive the same level of attention you would receive by hiring a criminal attorney. Furthermore, public defenders have limited resources to investigate cases. A private attorney often has more resources available to search for evidence that could prove your innocence or have your case dismissed.

If you cannot afford a private lawyer, a public defendant is better than representing yourself in criminal court. However, private criminal defense attorneys offer advantages over public defenders that should not be overlooked.

How Do I Find a Criminal Defense Attorney?

Begin by searching for criminal defense lawyers near you. You want an attorney who practices in the courts that will handle your case. Experience with the courts, judges, and prosecutors can be extremely beneficial during your case.

You want a criminal defense lawyer who handles the type of criminal charges you face. For example, if you are charged with drug crimes, you want to hire a drug crimes defense lawyer. That is another advantage of hiring a private criminal defense attorney over a public defender. Public defenders must take all cases assigned to them, regardless of whether they have experience handling specific cases.

Meet with a few criminal lawyers for a free consultation to discuss your case. You need to feel comfortable with your lawyer. If you cannot communicate with your lawyer effectively, it could negatively impact your representation.

The key is to hire a criminal defense lawyer as soon as possible. The sooner you have an attorney on your side, the better your chances of a favorable outcome.
Headline Image: iStock/DragonImages

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