What Do Criminal Lawyers Do?
Those accused of crimes are defended in court by criminal lawyers. Basically, they try to prove the innocence of their clients and create reasonable doubt in the minds of the jurors. In the convoluted criminal court system, defense lawyers are defendants’ confidants, guides, and protectors.
Criminal defense attorneys support people who are accused of crimes as well as organizations and groups. They represent the clients in federal and state courts. Additionally, criminal lawyers are employed by appellate courts, which are courts of appeals higher up than federal and state courts that consider cases that have already been decided by a lower court.
Types of Criminal Defense Attorneys
Are you facing criminal charges? Whether you are an individual, corporation, or another entity, a criminal defense attorney is supposed to represent you as such, not all the attorneys are the same.
Of course, you want an experienced criminal defense lawyer with a set of skills like attention to detail, analytical thinking, proficiency in courtroom procedure, as well as great negotiating and communication skills.
When searching for experienced attorneys in your state, remember that the profession has several titles, including:
- criminal defense lawyer
- criminal defense attorney
- criminal law specialist
- criminal attorney
- defense lawyer
- defense attorney
Criminal defense lawyers are generally divided into two groups:
- private lawyers (paid by the defendants), and
- court-appointed lawyers (on government salary).
In the United States, most criminal defendants (more than 80%) can’t afford a private attorney to handle their cases. The good news is that counsel might be appointed by the court to represent defendants in some cases.
The court-appointed professionals are local lawyers selected from a pool or public defenders paid by the government. They can also be a council of private criminal attorneys competent to manage criminal matters. Only about 2% of criminal attorneys referred to as “pro per” or “pro se” defendants represent themselves.
Actually, there are 4 main types of criminal defense attorneys, including:
- Legal aid lawyers – They act like public defenders for corporate defendants or nonprofit organizations that cannot (or don’t want) hire private attorneys.
- Panel lawyers – They act as public defenders, working for the government (usually for high-profile cases).
- Private lawyers – They have their specific practices or work for law firms. Both companies and individuals hire them to represent their cases.
- Public defenders – They represent clients who aren’t able to afford a private lawyer.
Roles and Duties of Criminal Defense Attorneys
Whether you need an attorney to defend you in a criminal case or plan to start a law career, you might be wondering what criminal lawyers perform on a daily basis. From criminal trials and prosecution to appeals (if needed) and initial investigation, they can handle every step of the criminal justice process.
To effectively represent clients in a range of court proceedings, criminal defense attorneys gather evidence and employ convincing strategies. Convincing a jury or a judge that their clients are innocent of a crime is the main goal of defense attorneys. Among the tasks a criminal attorney must perform daily are:
- Helping clients understand their options and legal situations by interpreting the law for them
- Analyzing evidence against clients and questioning prosecutors’ evidence
- Interviewing witnesses and clients to gather necessary facts and examining them at trial
- Attending hearings (preliminary, trial, pre-trial, and sentencing) to represent clients
- Guiding them through the legal justice process
- Researching past cases relevant to a legal defense
- Preparing arguments and conducting legal research
- Drafting and filing motions for clients
- Preparing sentencing submissions
- Negotiating plea deals with the prosecution
- Building a defense and presenting it in court
- Presenting evidence to a jury and judge at trial
- Developing closing and opening arguments
In addition, their daily responsibilities also include:
- Case Preparation
- Courtroom representation
- Advocate for defendants at trial
- Criminal procedure
- Case assessment and disclosure review
- Appeal of sentence or conviction
- Trial preparation
- Police investigation
- White-collar crime
- Counsel and support
- The bail hearing
What Are Their Key Responsibilities?
While criminal attorneys have a full spectrum of skills and roles, ensuring a fair legal process while protecting the rights of suspects and accused persons is their primary responsibility.
This complex process begins with an assessment of evidence and charges. After this initial step, the criminal defense lawyers can start developing a defense strategy. In the meantime, they handle everything from negotiating plea bargains to challenging the prosecution’s evidence and filing motions.
The defense attorneys also prepare for trial during the pre-trial phase. They gather evidence, deploy investigative resources, and develop compelling counterarguments and arguments.
The trial is the culmination of all of these endeavors. During the trial, the criminal defense lawyers don’t only represent their clients, but they also cross-examine witnesses and present evidence. That’s not all.
Criminal attorneys may handle appeals in the event of a conviction as well. Furthermore, they can overturn a decision made in a trial court if legal errors have an impact on the trial fairness or the client’s rights.
So, their responsibilities imply active involvement and representation across all stages of the process, such as:
- Arrests
- Charges
- Court Appearances
- Trial
- Post-Trial Proceedings
Training and Specialized Skills
The first thing you need to look for in a criminal defense attorney is his educational background. Before hiring an attorney, make sure his or her law degree is obtained from an accredited or ABA-approved law school.
In the state where the lawyer intends to practice, his next step involves passing the bar exam after finishing law school. This is important because the criminal attorney must know state-specific legal principles (besides the general ones). That means the lawyer is licensed to represent clients and practice law.
To hone their specialization and gain deep experience in cases involving criminal defense, these attorneys need mentorship and additional training beyond formal education. The aspiring lawyers participate in CLE (continuing legal education) courses with a focus on criminal law.
They also need to attend workshops and seminars to get a better understanding of emerging legal issues and advanced defense strategies. Aside from that, they need to work with skillful lawyers who specialize in criminal defense. This is essential for developing relevant skills and growing a successful practice.
What Skills Do Criminal Defense Attorneys Have?
Specialized skills are required for criminal defense. These skills can be developed through ongoing training, practice, and education. They include:
- Negotiation – Be it for sentence reductions or plea bargains, the attorney should know how to negotiate with prosecutors.
- Analytical thinking – In addition to developing effective strategies, criminal defense attorneys should be capable of analyzing case facts and interpreting complex legal issues.
- Courtroom tactics – The defense attorney also needs to know how to argue motions, examine witnesses, and present cases in the best way.
- Client interaction – Good attorneys are always willing to explain legal concepts to their clients and guide them all the way through confusing and stressful legal processes.
- Attention to detail – Case facts should be investigated meticulously. The same goes for preparing legal paperwork and reviewing procedural history. It can have a significant impact on the outcome.
Final Thoughts
As you can see, the responsibilities of criminal defense attorneys cover a broad range of activities during the whole criminal case life cycle. They strive to get the greatest results for their clients by carefully reviewing the facts, refuting the evidence presented by the prosecution, and putting up calculated defenses.
To hire a criminal defense attorney, start by researching qualified, experienced lawyers with a focus on criminal law, and seek recommendations or consult online reviews. Schedule consultations with a few attorneys to assess their expertise, communication style, and fee structure before making your decision.
