Insight

IN PARTNERSHIP

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.

Individual consults with legal representation
KM

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

Related Articles

IN PARTNERSHIP

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


by Cody Cofer

A criminal defense attorney does everything legally necessary to help you get a favorable outcome for your charges, such as a dismissal. Learn more here.

Figure standing behind prison bars

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

The Role of a Criminal Defense Investigator


by Best Lawyers

The role of a criminal defense investigator in a case is often overshadowed by the more prominent figures in the legal field. Let's look more closely.

Woman with hands on head stares at board of images

A Trial Icon Joins a Legal Powerhouse


by John Fields

Dan Cogdell on moving his renowned criminal defense practice to Jones Walker LLP.

A Trial Icon Joins a Legal Powerhouse

IN PARTNERSHIP

Do I Need a Lawyer After a Car Accident in Florida?


by Matthew Mincone

Person Using Cellphone After Car Accident

IN PARTNERSHIP

5 Things To Do if You’re at Fault in a Car Accident in Oklahoma


by Chris Hammons

The moments following an accident can be confusing and frightening, even if no one is seriously injured. Here are five things to do when at fault after a car accident in Oklahoma.

Blue car and grey car crashed into each toher with woman and man standing beside them talking

IN PARTNERSHIP

6 Benefits of Hiring a Lawyer After a Car Accident in Lexington


by Ross F. Mann

Close-up of a car dashboard displaying high speed

Looking to Increase Your Law Firm Website Traffic? Start Here


by Jamilla Tabbara

Explore our free resource to help increase your law firm website traffic and drive consistent growth.

Laptop driving virtual growth with data charts and graphs

Is Your Law Firm Missing Key Client Acquisition Opportunities?


by Jamilla Tabbara

Discover our free resource to identify ways to stand out and attract more clients.

Arrows and light bulbs rising, symbolizing growth and client acquisition opportunities for law firms

IN PARTNERSHIP

Injured in An Accident in Fort Worth, TX? 5 Steps You Need to Take Immediately


by Bradley Parker

A Fort Worth, Texas lawyer explains the five most important steps that should be taken immediately in the event that you are injured in a car accident.

Busy interstate roadway with speeding cars

IN PARTNERSHIP

How to Deal with the Aftermath of a Car Accident


by Mark Roman

A crash can have physical, psychological and financial consequences. Here are five steps to take to effectively deal with the aftermath of a car accident.

Woman on phone surveys damage to vehicle

New Texas Law Opens Door for Non-Lawyers to Practice


by Gregory Sirico

Texas is at a critical turning point in addressing longstanding legal challenges. Could licensing paralegals to provide legal services to low-income and rural communities close the justice gap?

Animated figures walk up a steep hill with hand

How to File for Divorce


by Natalie R. Rowland

Divorce can be complex in both process and cost. An experienced family law attorney explains how best to file for divorce and outlines considerations to take.

Woman sitting on couch rests head on fist with man in background

Finding the Right Divorce Attorney


by Best Lawyers

Divorce proceedings are inherently a complex legal undertaking. Hiring the right divorce attorney can make all the difference in the outcome of any case.

Person at a computer holding a phone and pen

"Lawyer of the Year"


Lawyer dressed professionally poses for headshot

Roslyn M. Tsao

Family Law

Toronto, ON, CA

2025

"Lawyer of the Year"


Lawyer of the year wearing suit and posing for headshot photo

Ira G. Bogner

Employee Benefits (ERISA) Law

New York City, NY

2025

Trending Articles

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

How to Increase Your Online Visibility With a Legal Directory Profile


by Jennifer Verta

Maximize your firm’s reach with a legal directory profile.

Image of a legal directory profile

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

The Future of Family Law: 3 Top Trends Driving the Field


by Gregory Sirico

How technology, mental health awareness and alternative dispute resolution are transforming family law to better support evolving family dynamics.

Animated child looking at staircase to beach scene

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipment

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

Safe Drinking Water Is the Law, First Nations Tell Canada in $1.1B Class Action


by Gregory Sirico

Canada's argument that it has "no legal obligation" to provide First Nations with clean drinking water has sparked a major human rights debate.

Individual drinking water in front of window

New Mass. Child Custody Bills Could Transform US Family Law


by Gregory Sirico

How new shared-parenting child custody bills may reshape family law in the state and set a national precedent.

Two children in a field holding hands with parents

Best Lawyers Expands With New Artificial Intelligence Practice Area


by Best Lawyers

Best Lawyers introduces Artificial Intelligence Law to recognize attorneys leading the way in AI-related legal issues and innovation.

AI network expanding in front of bookshelf

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Finding the Right Divorce Attorney


by Best Lawyers

Divorce proceedings are inherently a complex legal undertaking. Hiring the right divorce attorney can make all the difference in the outcome of any case.

Person at a computer holding a phone and pen

New Texas Law Opens Door for Non-Lawyers to Practice


by Gregory Sirico

Texas is at a critical turning point in addressing longstanding legal challenges. Could licensing paralegals to provide legal services to low-income and rural communities close the justice gap?

Animated figures walk up a steep hill with hand