Everything you need to know about a criminal defense attorney

Everything you need to know about a criminal defense attorney

If you have questions about criminal defense, call us today at (619) 746-8879

Being accused of a crime is very stressful and alarming, depending on the case. The good thing is that even amid adversity, there are potential solutions to the problem, and one of them is hiring a lawyer, specifically, a criminal defense attorney.

Ironically, despite being such an important issue, little is known to the public about their rights and ability to defend themselves against prosecution. Aware of this, at Kannan Law, we considered an article on the functions of criminal defense lawyers to be appropriate. Here are the details everyone should know about its features.

What does a criminal defense attorney do?

A criminal defense attorney does just that: defend people who have been charged with a crime, whether they are guilty or not. Their objective is to represent the client in negotiating the best agreement for them and the parties involved. Still, if this does not happen and a trial is needed, they will also represent them and work to obtain the best possible result for your case.

The job is not easy, even though most lawyers have knowledge and negotiation skills. One of the reasons is that, although the position is used to defend clients of all kinds, experience and, more specifically, specialization can make the difference between victory and defeat. That said, the ideal situation is for you to contact a criminal defense attorney with a specific profile.

Types of Criminal Lawyers

In this regard, it is essential to differentiate the types of lawyers in this field. In general, they are divided into prosecutors and defense attorneys, and each fulfills a specific role on one or the other side of the court of law.

Prosecutors

Prosecutors are those professionals who work for the county, state, or federal government. Its role encompasses prosecuting the person accused of criminal charges in a court of law.

Defense attorneys

For their part, defense attorneys tackle the plaintiff’s task of defending the accused. Their function is to prove their innocence or reduce the sentence or fine to the minimum possible.

Types of crimes

Criminal cases can be classified into different groups according to the legislation of a particular territory. This makes their study much more practical, and, above all, it is easier to differentiate them from each other for a practical approach.

However, each one has its particular conditions. Therefore, legal professionals must apply different tactics to achieve the best settlement for their clients. But, for this, it is necessary to define well the type of case to be addressed, and the following classification could be helpful in this.

Minor offenses

Simply put, misdemeanors are those whose punishments consist of fines or imprisonment for less than one year. Among them are thefts, intoxication in public areas, vandalism, assaults, and entering specific sites without permission.

Serious crimes

On the other hand, serious crimes are those whose punishment carries at least one year of imprisonment. They include kidnapping, drug crimes, arson, sexual crimes, severe assaults and thefts, white-collar crimes, and murders.

Incipient crimes

Incipient crimes are “preliminary crimes” or “incomplete crimes.” This category includes attempts but not completion; that is, it consists of the act of preparing to commit some type of crime, such as a conspiracy.

Strict Liability Violations

However, there are crimes with few possibilities of negotiating with the law. These are strict liability violations and do not require proof of intent, knowledge, negligence, or recklessness to be convicted. A common example is child abuse.

What information can the defense attorney ask for?

It should be clarified that the work of criminal defense lawyers is, most of the time, complicated and very delicate. And given the variety of cases that can arise, it doesn’t always work to apply the same tactics or arguments. This is one of the reasons why it is so important to choose a lawyer with specific experience in a particular field.

Once hired, the defense attorney will meet with the client to learn the story that has generated the accusation. In the process, they will probably ask you to be as honest as possible, which can be very uncomfortable for many and even scary; but keep in mind that it is a common and essential step for defense.

Knowing the case in detail, the lawyer will be able to establish an action plan that allows his client to get out of his accusation as unharmed as possible. This also requires you to weigh the possible convictions and consider all the scenarios.

Can a defense attorney be fully trusted?

Just as there is a confidentiality agreement between doctors and patients, something similar happens between lawyers and their clients. As we already indicated, the most advisable thing is to speak with total sincerity with the professional so that they can prepare an adequate defense for the process. For this, it is essential that clients feel safe with their lawyer, which explains and justifies the existence of this fundamental right.

There are a few ways that exceptions to this agreement can be made; among them, when the information at hand can prevent the death of another person or when it is necessary to request the opinion of a colleague with more experience in the case.

How long do criminal defense attorneys take to resolve cases?

And, of course, the question that most often anguishes clients who finally get a defense attorney: how long will it take to resolve their case? Unfortunately, there is no fixed answer for this. Just as the cost of fees can vary, so does the length of processing.

For example, a simple misdemeanor case can be very easy to resolve, and a trial is often not even necessary. This is a tremendous advantage since these procedures can take a long time and limit the possibilities of continuing or obtaining employment.

But the story changes when it comes to serious crimes; the search for evidence, the number of people involved, and the time availability of judges and lawyers often add months to the account. Patience is a virtue in these situations, considering that the lawyer can invest said time in constructing a solid defense that could lead to excellent results or reduce the sentence.

It is also necessary to note that lawyers often handle several cases simultaneously, even on the same day. For this reason, it is also important to consider this aspect when choosing one or the other; It is never too much to ask for the estimated time that would be dedicated both to the search for evidence and the construction of the case.

How much does the service of a criminal defense attorney cost?

One of the first questions that a person who finds themself in a tight situation and deserves a lawyer wonders is the cost of criminal defense. It is well known that, with such important work, the fees of these professionals are not something that everyone can pay.

In general, the costs of legal representation by an attorney vary widely depending on the state, the type of crime, and their availability. However, some offer payment facilities, such as payments in parts or once the process is complete.

What if you can’t afford a lawyer?

As the movies and television series have shown, everyone has the right to an attorney appointed by the United States justice system. In other words, if someone has been accused of a crime and does not have the money to pay for a private lawyer, they can make use of this right.

And while many of them are undoubtedly great professionals, they are often very overworked, which can have consequences. For example, the processing time could be longer than it should be, even if it is a misdemeanor charge. If, on the other hand, it is a serious crime, the recommendation is to hire a private one who can dedicate themself entirely to the case.

How do you know which lawyer to hire?

The question that remains to be dispelled is how to select the most suitable lawyer. With all the information provided so far, it is clear that the best is to choose one familiar with the type of case in question.

Consult about their experience and knowledge. Searching for reviews and testimonials from their previous clients can also be very helpful.

We conclude by recalling that Kannan Law maintains its criminal defense services active with a team with vast knowledge and experience. If you need to clarify any of the questions raised here in real-time to decide whether or not to hire us, you can contact us.