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Acriminal defense lawyer is alawyer (mostlybarristers) specializing in thedefense of individuals and companies charged withcriminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent.indigent persons; the latter are generally calledpublic defenders. The terminology is imprecise because eachjurisdiction may have different practices with various levels of input from country to country. Some jurisdictions use a rotating system of appointments, with judges appointing a private practice attorney or firm for each case.
In theUnited States, criminal defense lawyers deal with the issues surrounding anarrest, acriminal investigation,criminal charges,sentencing,appeals, and post-trial issues. Criminal defense lawyers strive to minimize the harsh consequences of an arrest and deliver quality legal representation to persons accused of committing a criminal offense. They could work for the local, state, or federal government or they could work for private law firms.[1] The defense lawyers could also have their own practice and handle multiple criminal cases.
Anarrest simply means apolice officer,federal agent, orjudge believesprobable cause exists that a person committed acrime. Since an arrest is usually made bylaw enforcement, the arrest often is for acriminal charge that has not been levied or verified by an attorney or judge. Criminal defense lawyers also deal with the substantive issues of the crimes with which their clients are charged. Criminal defense lawyers may also help clients before charges have been filed by aprosecuting attorney: this is done when someone believes he or she is being investigated.
The accused may hire a criminal defense lawyer to help with counsel and representation dealing with police or other investigators, perform their own investigation, and at times present exculpatory evidence that negates potential charges by the prosecutor. Criminal defense lawyers in the United States who are employed by governmental entities such ascounties,state governments, and the federal government are often referred to aspublic defenders or court-appointed attorneys.
A considerable aspect of this work requires the US criminal defense lawyer to have a clear understanding of theUnited States Constitution, and specifically theFourth Amendment against unlawful searches and seizures. TheFifth prescribes a defendant'sright to remain silent.[2][page needed][3] TheSixth relates to a defendant's rights at trial. It guarantees a defendant the opportunity to confront and cross-examine witnesses, in addition to the right to be represented by counsel. The Sixth Amendment also allows a defendant to know thenature of the accusation against them. All of the Amendments to the United States Constitution are guaranteed to the criminal accused against the states via the Fourteenth Amendment. Thus, a criminal defense lawyer must understand each of these rights. Initial work on any criminal case involves review of the charges and the claimed facts, and analysis of constitutional violations, theprima facie burden of the prosecution, defenses, andaffirmative defenses; as well as potential sentence and sentencing issues. Early stages of a criminal case may involve agrand jury orpreliminary hearing to determine if there exists probable cause for the case to continue. A violation of the Fourth or Fifth Amendment, or other illegally obtained evidence could result in evidence beinginadmissible at trial. Accordingly, a criminal defense lawyer often spends a considerable amount of time reviewing all documentation to determine if the case can be won on constitutional grounds due to illegal conduct by the government.[citation needed]
If there are no constitutional violations, much of the work of a criminal defense attorney then turns to trial preparation. Any proposedsettlement agreement must be compared to the best judgment about the outcome after trial. A criminal defense lawyer will usually discuss potentialplea bargains with the prosecuting attorney, as an alternative to exercising the defendant's trial right and other rights. Plea agreements, when made, can be characterized as either charge agreements (often involving a less serious charge), sentencing agreements (involving a lesser sentence), or both.[citation needed]
Criminal defense lawyers are typically defending people with misdemeanor or felony charges. Amisdemeanor generally refers to criminal activity that is punishable by one year or less in the local jail. Afelony typically refers to criminal activity that is punishable by more than one year in the prison system. Many states have "wobblers", which refers to criminal activity that is charged as a felony, but has a possibility of being reduced to a misdemeanor. In matters involving a wobbler, many times a reputable lawyer can either have the felony reduced to a misdemeanor or have the felony appear to be a misdemeanor so that the felony can be reduced to a misdemeanor at a later date, which may be good strategy since the typical felony cannot beexpunged.[citation needed]
The initial process of becoming a criminal defense attorney is similar to becoming a lawyer practicing in any other legal practice area. To become a criminal defense lawyer, a person will typically complete theirundergraduate degree, and then attend and graduate from alaw school. After graduating law school and passing thebar examination for that particular state or jurisdiction, the new lawyer will be sworn in as a member of that bar and can then begin practicing in the field of criminal law. However, many reputable criminal defense attorneys spend some time after being admitted to the bar working under the mentor-ship of an experienced attorney, often in a prosecutors office or a public defenders office.[citation needed]
In theUnited Kingdom, criminal defense lawyers require an undergraduate law degree and authorization by theSolicitors Regulation Authority.[4]
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