A lawyer specializing in criminal law is called a “criminal justice lawyer” or a “criminal defense attorney.” For the duration of a criminal trial, they must act as their client’s or the state’s voice. Legal professionals who specialize in criminal law are crucial to the operation of the American criminal justice system.
Most criminal justice attorneys receive training in law school and various training and certification programs. They must hold a license from the state bar in the jurisdiction where they practice. Criminal justice attorneys typically work as either prosecutors or criminal defense attorneys.
What Does a Criminal Prosecutor Do?
The role of the criminal prosecutor in a criminal trial is to present the state’s case against the defendant. Prosecutors bear the initial burden of proof; they must establish the defendant’s guilt beyond a reasonable doubt. This is because a criminal suspect is always presumed innocent until proven guilty beyond a reasonable doubt.
Criminal attorneys typically only get involved in a case after a suspect has been named and charges have been brought against them. A prosecutor may be employed by either state or federal authorities and is frequently selected by popular vote.
Included among the tasks and responsibilities of a prosecutor are:
- Determining whether to file charges against a suspect.
- Investigate the surrounding facts and information to determine whether the evidence will be sufficient to support a claim.
- Choosing whether or not to negotiate plea deals with the opposing counsel.
- Conducting witness interviews and analyzing their testimonies
- Using persuasion to present evidence to the jury
- Maintain relationships with judges, court personnel, defense counsel, and other criminal justice system members.
In other words, a prosecutor aggressively pursues the prosecution of individuals the state has reasonable cause to believe have violated criminal laws.
What Is a Criminal Defense Attorney?
They are attorneys representing defendants in criminal cases. They advise, counsel, and represent the accused in criminal proceedings.
If a criminal defendant cannot pay for their attorney, the state will provide them with a public defender. On the other hand, many attorneys for the defense of criminal defendants work independently from the state through private criminal defense firms.
A criminal defense attorney, as opposed to a prosecutor, may become involved in the case much earlier in the criminal justice process. They frequently offer legal representation to the suspect before official criminal charges have been brought against the suspect. For instance, they can assist suspects and protect them while the police or other legal authorities question them.
The following is a list of the tasks that criminal defense lawyers typically perform:
- Helping suspects who have asked to be represented by an attorney during police interrogations and other procedures
- Helping the accused during the crucial pre-trial stages
- Negotiating a plea agreement with the prosecutor to get the charges dropped or reduced
- Researching the relevant legal issues and facts in the criminal case
- Actively representing accused criminals in court throughout the trial
- Bring up possible defenses that would benefit the defendant (such as self-defense, defense of property, etc.)
- Obtaining testimony by interviewing important witnesses
- Filing for a retrial or appeal, if one is available
- Additionally, many criminal defense attorneys continue to represent a defendant long after the trial. The client may frequently need legal assistance when dealing with post-trial issues like parole or probation.
Do I Need a Criminal Justice Lawyer?
When you are faced with criminal charges in any capacity, you should get in touch with an attorney specializing in criminal law as soon as possible. Hiring a criminal defense attorney to help you with your court case is a good idea if you face criminal charges.
Or, if you have been the victim of a crime, a prosecutor specializing in criminal cases can help you navigate the legal system. A significant number of crime victims decide to collaborate with their private prosecutors rather than one appointed by the state.
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