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What Does a Criminal Defense Lawyer Do?

Throughout a criminal case, a criminal defense attorney plays a number of crucial functions. He or she is in charge of representing a defendant in a criminal case. He or she represents the client when speaking.

Assignment of the Case

The defendant may make direct contact with a criminal defense attorney or the court may assign one to the case. The public defender’s office pays a lot of criminal defense attorneys who work as public defenders. Local, state, or federal courts assign them cases. Private companies employ additional criminal defense attorneys. Some criminal defense attorneys run their own independent law practice. Due to the referral procedure and the fact that public defenders receive compensation from sources other than defendants, they typically earn less money than private attorneys and handle a greater volume of cases. A court may occasionally select a private attorney to handle a particular case.

Interview about the Case

When the criminal defense attorney has the chance to speak with the client in person, they should make every effort to learn as much as they can about the case. He or she can find out about potential defenses, as well as the case’s strengths and flaws, by asking specific questions about it. This necessitates questioning the defendant carefully and in-depth.

Investigation into the Case

He or she must further research the matter to find any potential possibilities of acquitting the offender in addition to asking the criminal defendant probing questions regarding the case. This frequently entails interrogating the police over the methods they applied to the case. It could also entail gathering information about the case and speaking with witnesses who can provide details. The goal is to use all of this data to develop a compelling case defensively. If an expert witness is called to testify, the criminal defense attorney may question him or her about the testimony and potential supporting documentation they may offer.

Before the case is presented to the jury, a criminal defense attorney has the right to assess the prosecution’s case. This enables him or her to identify any weaknesses in the prosecution’s case against the defendant and to look for evidence that might contradict it, for as by engaging an outside lab or expert to examine the evidence.

Analysis of Evidence

A criminal defense attorney must carefully review the case’s facts and hypotheses before they can evaluate the evidence used against a criminal client. The evidence might be subjected to an independent review. In addition, he or she might look over the proof to see if there are any legal theories that would prevent their client from being found guilty.

Continued Contact with the Client

A criminal defense attorney needs to stay in touch with their client to explain any changes to the case and to keep them updated. The attorney is responsible for keeping client interactions private. The attorney must also make sure that the client is informed about the matter in order for that client to better grasp the potential repercussions.

Jury Selection

Jury selection is assisted by a criminal defense attorney. If they appear to be biased against the defendant or even if they are just uneasy about a potential juror, he or she may attempt to have them removed for cause.

Plea Bargaining

Additionally, a criminal defense attorney is in charge of communicating with the prosecutor on the case’s progress and discussing any potential plea agreements. A criminal defense attorney might be able to help the defendant obtain a favorable agreement that reduces the charges or the potential punishment.

Trial Participation

During the trial, a criminal defense attorney advocates on behalf of the client. He or she interviews witnesses, cross-examines state witnesses, and works to persuade the jury that the prosecution has not done enough to support its case.

Sentencing

A criminal defense attorney can represent the defendant during the sentencing phase if the criminal defendant is sentenced for the offense as a result of either accepting a plea agreement or being found guilty by the judge or jury. He or she might talk on arguments that could persuade the judge or jury to shorten the defendant’s sentence and bring up potential alternatives to jail time.

Getting an Attorney to Handle Your Criminal Case

A defense lawyer represents a defendant in the convoluted criminal court system and acts as their mentor, guardian, and confidant. (Or, at the very least, that’s how it should be.) Court-appointed attorneys paid for by the government and private counsel paid for by the defendant are typically categorized into two groups.

Some criminal defendants have the financial means to retain a private criminal defense lawyer. The court may appoint counsel to represent defendants who cannot afford an attorney (about 80% of all criminal defendants) (assuming certain qualifications are met). These court-appointed lawyers are either public defenders who are paid by the government or so-called “panel attorneys,” which are regional lawyers selected from a panel. About 2% of criminal defendants choose to represent themselves, in which case they are referred to as “pro se” or “pro per” defendants.

Cost of Legal Representation

Regarding legal representation, the defendant’s financial situation and ability to pay for private counsel play a significant role.

Private criminal defense attorneys bill their clients either hourly (at a rate of $150 or more per hour) or by a fixed or set fee. They are not allowed to charge contingent fees, which are payments based on how the case turns out. A government-paid public defender or panel attorney may be appointed by the court if the defendant is impoverished (cannot afford private counsel).

Some people—but not many—have enough money to hire legal counsel without experiencing financial hardship. But for those who fall between these groups, getting legal assistance is frequently more difficult.

The bottom line for courts is that whenever an indigent person is facing a jail or prison term, their right to free (government-paid) defense counsel typically takes effect. The defendant could not be entitled to free legal representation if there is no chance of imprisonment, such as when a judge publicly says that she will not sentence the defendant to jail time (depending on state law).

Keep in mind that the right to free representation does not entitle one to the attorney of one’s choosing. A defendant who has been appointed counsel typically isn’t given the same freedom of choice as a defendant who is paying counsel.

Is a Private Attorney Better Than a Court-Appointed Attorney?

Sometimes, defendants think that hiring a private attorney will provide them a clear edge over the overburdened public defender’s office or cheap panel lawyers. But do privately retained attorneys offer superior defense compared to government-paid defense counsel chosen by the court?

Many private attorneys have worked as public defenders or prosecutors in the past. Studies comparing the results of having a court-appointed vs. private attorney seem to show that outcomes for defendants are frequently the same. For instance, one study found that the conviction rates and sentencing of prisoners represented by public defense and private lawyers were comparable (although those represented by panel attorneys fared worse). Due to complication considerations, such statistical evidence is not always accurate or clear. In contrast to impoverished defendants, who are twice as likely to be repeat criminals, clients represented by private counsel frequently have brief or no past criminal history. It is also unknown whether private attorneys can secure better plea offers than court-appointed counsel, which presents one of the largest uncertainties in the criminal justice system.

Ultimately, the best determinant of the caliber of the representation is the expertise, abilities, and dedication of the specific attorney involved, regardless of whether he or she is a public defense, panel attorney, or private attorney.

Self-Representation (Pro se)

It is evident that hiring legal counsel is virtually always the wisest course of action. But some criminal defendants choose to represent themselves. The judge, not the defendant, ultimately decides whether a defendant may act as his or her own attorney. The competency of the defendant must be determined by the judge. This is true even if the defendant is insistent that they will not accept the services of a court-appointed attorney since a defendant who cannot mount a convincing defense cannot receive a fair trial. A judge will take into account certain elements when deciding whether to allow a defendant to represent themselves:

the gravity of the offense, the defendant’s education and linguistic proficiency, his or her understanding of the nature of the proceedings, and whether or not the defendant is deliberately renouncing his or her right to legal representation.

Finding an Attorney

When looking for a private defense attorney, look for an attorney who specializes in criminal defense and practices in the jurisdiction (city or county) where charges are pending. A local attorney will be familiar with the judges and prosecutors in that area.

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