What a Criminal Defense Lawyer Can Do For You

If you are accused of a crime, the only person that can help you out is a criminal defense attorney. This is because you are not familiar with how the judiciary system works which makes it hard for you to represent yourself in open court.

This is because a lot of the legal rules are hidden away in court interpretations of federal and state constitutions. A good example is whether or not the search of your home was reasonable. It can only be considered a good search if the police obtained a warrant otherwise anything found is not admissible in court.

Given that the criminal defense lawyer has crossed swords with the prosecution in the past, they are already familiar with the tactics that the opposing party will be using and be prepared for it.

As you can see, it is a very specialized field and there are many things that need to be checked out by your criminal defense lawyer before you are given a guilty or not guilty verdict.

When your case has been given to them, you will be asked what happened. You will have to give your version of the events that took place. After listening, they will provide you with a reality check especially what will happen should the case go to trial.

They will then review the police report, interview witnesses and examine the evidence. Since it is hard to look at everything on their own, they sometimes have researchers do it.

When you are arraigned in court, you are required to submit a plea. You could plead guilty or not guilty while some do not give one yet and then prepare for the trial date.

If the evidence against you is overwhelming, perhaps your criminal defense lawyer can negotiate so you can get a lighter sentence or reduced charges. This can only happen if this is your first time or you have a criminal record and you have something to trade.

For those who want to go to trail, the criminal defense lawyer will now prepare your defense. This may sometimes mean taking up your stand and telling the court the events that took place. This may be risky so before hand, you will be briefed on what to say.

Witnesses will be presented. Some of these people will be able to aid in your defense while others will be against you so another job that the criminal defense lawyer will do is cross examine them in order to cast doubt in the testimony they are giving.

The trial is almost over when the criminal defense lawyer and the prosecution give their closing arguments. The jury will then be given time to deliberate the case so you will know the verdict when they come back into the court and read it.

If you get a not guilty verdict, the criminal defense lawyer was able to do their job since you are a free man. But if you are guilty, then the next step is to appeal the decision to a higher court and hopefully, they will overturn that decision.

What a criminal defense lawyer does is not easy because the person they are helping out could commit a similar crime again or even worse in the future. Sadly, this is how the justice system works because everyone has a right to counsel and tried before their peers.

What Is a Criminal Defense Lawyer

What is a criminal defense lawyer? He or she is a legal professional who organizes a case in order to represent a client who is accused of a crime.

These crimes include sex, drug and violent offenses which are things that are not approved by society as seen in this country’s laws.

The job now of the criminal defense lawyer is to fight for the client by defending the client in open court in a jury of their peers. In some cases, this person is successful when the jury gives a verdict of not guilty. Other times, the jury will say that the accused is guilty.

If the jury does not have a unanimous decision, the judge has no choice but to call for a retrial. Should there by a mistake made in the trial such as the selection of the jury, the judge will say that it is a mistrial and once again, both sides will have to start over and present their case.

There are instances where the criminal defense lawyer and the prosecutor don’t have to settle this matter in court. This may happen as both sides have an agreement and this is approved by the judge.

But how does this all happen? First, a crime has to be committed. Law enforcement authorities will then have to figure out what happen and if they have enough evidence, a suspect is arrested.

The person who is arrested has the right to remain silent during questioning until their lawyer is present. If the person cannot afford one, then a lawyer will be provided so even those who don’t have money will be properly represented.

The sixth amendment in the bill of rights state that anyone who is arrested has the right to a speedy trial and this has to be done where the crime was committed. After being arraigned, the criminal defense lawyer will now conduct an investigation by interviewing witnesses, reviewing police reports and any other evidence that is related to the case.

The suspect that is charged with the crime can only be convicted if the case presented by the district attorney’s office is very convincing. This means that a criminal defense lawyer can get a not guilty verdict by putting holes into the defense of the prosecution. When this happens, the client is freed. Should things go the other away, the criminal defense lawyer can make an appeal to the higher court regarding the lower court’s conviction.

Can anyone become a criminal defense lawyer? A lot of experts say no because unlike other specializations in the practice, some find it very intimidating especially when the client that you have to represent is actually guilty of the crime. But given that you are that person’s attorney, it is your duty to defend the accused to the best of your ability from start to finish.

Given that crime of all sorts and nature occur, some have set up their own law firms that specialize in criminal law. Most who graduate from law school work for the government and are often referred to as “public defenders.”

How much you earn as a criminal defense lawyer varies. This depends mainly who your client is because if you are defending a millionaire, you can charge a lot for your legal fees while someone who doesn’t earn much will be able to only give how much is in their wallet.

Selecting a Criminal Defense Lawyer

In basketball, they say that a good defense is the best offense. The same goes when you have to go to trial because your life is on the line and the only way to prevent yourself from going to jail is by selecting a criminal defense lawyer who will be able to represent you when the evidence is presented.

Criminal defense lawyers are a special breed of individuals because they specialize in criminal law. Some of these people represent those who are guilty and will do everything in their power to make sure their client does not go to jail.

But how do you select a criminal defense lawyer? For that, you have to find someone who specializes in this field. If you don’t know any, ask your friends or family for help.

When you see them for the first time, this is not a social call but business. You should ask them straight out how long has he or she practiced criminal law, the number of cases that went to trial and how many times have they won.

Do a background check on the criminal defense lawyer. Find out if they belong to any legal organizations like the County or State Bar Associations. If this person is a member of the National Association of Criminal Defense Lawyers, then chances are you are already in good hands.

But since this is not enough, find out if they will have the time to work on your case because you could lose it if they are not able to provide a good defense.

You should also find out how much they charge for their legal fees and if they will be the one who will personally handle your case. If they are asking you for a large sum of money up front, leave the office and find someone else right away.

If you find the rate reasonable and feel comfortable talking to this person, then by all means hire this individual to be your criminal defense attorney.

Now discuss your case and then follow whatever instructions are given. This person should be able to explain to you how things will go and what they will do.

The ideal criminal defense lawyer is the public defender because this is what they do day in and day out. Although they usually get a bad rap, they are very experienced when it comes to going to court which is why they are often used as consultants by private attorneys. Some have even left and established their own firms specializing in criminal law.

Will this guarantee that you will win your day in court? Of course not. Nobody can guarantee that even if you can afford hiring a very rich attorney.

This all boils down to how well this person will be able to cast doubt on the evidence used by the prosecution because you will only get a guilty verdict if they can prove beyond reasonable doubt that you are indeed responsible for the crime.

Selecting a criminal defense lawyer is crucial because not be able to get a good defense will likely get you a guilty verdict. You can prevent that form happening since you are given time to look for one before you are arraigned and asked how do you plead in front of the judge.

How to Find a Criminal Defense Lawyer

When you are arrested for a crime, the only thing that can only help get out of a jam is with the help of a criminal defense lawyer. You can choose who wants to represent you which shouldn’t be a problem if you have money but if you don’t, you will have to settle with whoever the court appoints for you. But for those who can hire one, here are a few tips to help you select a professional.

First, when you meet the criminal defense lawyer, you should ask how long has he or she been practicing criminal law and also how many cases did they win. Surely you don’t want to work with a lawyer who is fresh out of college or has never won a case. You also don’t want to work with someone who chooses to settle the matter out of court very often because you will probably get the shorter end of the stick when you decide to go for the plea bargain.

The more years of experience this person has, the better because this professional should already know the ins and outs of the judicial system. That person may have already dealt with the prosecution in the past and knows how to get a winning verdict.

You should also check if the lawyer that is representing you is certified Criminal attorney. This will save you the time of asking how long this person has been in the practice because getting such recognition means you have actively participated in 100 cases involving the taking of testimony.

Naturally, you have to be comfortable with the criminal defense lawyer who will be representing you in the case. He or she should be able to give you updates like when is the trial, what strategy will be used during trial and other matters that may help make the outcome go in your favor.

Since you are already in your office, be sure that the criminal defense lawyer you are speaking with will be the one who will actually defending you and not handed over to another person in the firm.

Given that the practice of criminal defense work is their bread and butter, you should also discuss the fee arrangements. Some lawyers charge a flat fee while others do it on an hourly basis. It is better to get a flat fee so you are not charged every time you have to consult your lawyer over the phone or in person. You should also find out if this already covers the case should this go to trial.

While the criminal defense lawyer will do their share to maintain your innocence, you should also do your share so this can happen. You do this by cooperating with them so they will be able to come up with a good defense.

The best criminal defense lawyer to get is the one who is experienced. After all, a criminal trial may last weeks or even months before a verdict is reached. This may cost you a great amount of money but if you get a not guilty verdict from the jury, it is surely worth every penny so you can move on with your life instead of spending the rest of it behind bars.

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The Criminal Defense Lawyer Association

Each state has its own criminal defense lawyer association. This organization sees to it that anyone who is accused of a crime is given fair representation in a court of law. They also do their share in protecting and strengthening the constitution, improving the administration of justice and promoting public awareness of the function and duties of criminal defense lawyers.

One way they are doing that is by offering legal services to those who cannot afford to hire a top notch lawyer. Some call them public defenders that will do their best to protect your rights.

Aside from providing their services to clients, they also have other activities such as conduct seminars for its members, raise money and offer scholarships. Each association is governed by a board which plans the events for the year that includes publishing newsletters, formal and informal networking and continuing legal education.

The criminal defense lawyer association through its members also lobbies and obtains information about new legislation as this affects their practice whenever they have to help a client in open court.

For those who are not yet members, all they have to do is fill up a form. Law students may already apply and after paying the membership fee, they will be able to access information about legal matters that are only available to members.

Apart from state criminal lawyer associations, there is a bigger one called the National Lawyer Association. What they do here is not that different from what they do on the state level.

As a member, you get assess to online research, virtual office opportunities, lawyer referral service, membership benefits and services as well as immediate leadership opportunities in legal sections and committees. The best part is that you don’t have to leave your state’s association to become a member in the national level.

The advantage of being a member of a criminal defense lawyer association is that anyone who wants to seek your services will no longer question your capability as a lawyer because you have already proven yourself among your colleagues.

How? By being granted membership into the organization which means they recognize you as an equal. What potential clients will likely ask now is how many cases have you won and how many times have you argued this in court.

When you talk to a client, tell them straight out they you cannot guarantee that you can win their case. What you can promise though is that you will do your best to help them get out of this mess.

So what should you do if you have a legal problem and have no idea who to call? The best thing to do will be to get the number of the criminal defense lawyer association in your state so you can get the name of a lawyer who can help you out.

If you can’t find it, look for it online because most of these have an official website with a list of their current members and their contact numbers. Initial consultation is usually free and if you are satisfied, then you should hire this person immediately so your legal woes will be straightened out. The best part is that you don’t have to worry about paying for high legal fees since this organization has ways of getting the necessary funds to pay for their members.