Criminal defense attorneys represent people who have been accused of a crime, whether at the state or federal level, and help them fight their case. Here is an overview of the work they do.
When clients are first arrested for a criminal offense, it may feel as though they have been put through the wringer. In addition to being deprived of their liberty, these individuals can lose their jobs, find themselves in danger as targets for other inmates or vengeful former victims if incarcerated, and fear what will happen to their children if taken into custody. They often face enormous legal fees that pose severe financial challenges to those whose income has not yet been affected by the arrest. Most importantly, they must cope with the emotional stress of being charged with a serious crime.
Before any formal charges are presented, an attorney may be able to work out a deal known as “plea bargaining” that will keep the client from going to trial and result in less severe punishment should he or she be found guilty. In other cases, attorneys file motions on their clients’ behalf to have evidence suppressed if it was obtained unlawfully by law enforcement officials. They might also argue for a change of venue to have the case heard at a more favorable location. Although criminal defense attorneys generally do not question whether their client is actually guilty—that’s up to a judge or jury—they can possibly negotiate special plea agreements with the prosecution where their client pleads guilty to a lesser but related offense. A Fort Worth criminal defense attorney may also be able to get their client’s sentence reduced by presenting mitigating factors—such as a defendant’s lack of a criminal past—to the judge or jury.
In actuality, however, very few cases go to trial for various reasons including law enforcement officials not having enough evidence on which to convict, critical witnesses, being unavailable, and important information being deemed inadmissible during pre-trial hearings. In the event that the case does proceed to trial, it is the defense attorney’s job to question prosecution witnesses and impeach them if they contradict themselves or give false testimony under oath. It is then up to the attorney who represents the defendant—known as a public defender in some jurisdictions—to provide the jury with reasonable doubt that the defendant is innocent.
After a verdict has been reached one way or another, it’s up to an attorney to either appeal or seek post-conviction relief on behalf of his or her client if they believe there were any errors made during the trial by either side. If defendants are found not guilty, their criminal records will generally be expunged; however, convictions remain indefinitely on public record unless they are removed through this same process. Depending on whether or not their clients are incarcerated and for how long, attorneys may file motions where the jail time is reduced due to good behavior while imprisoned. For federal cases specifically, defense attorneys can also work with inmates who face deportation upon release from jail.
Criminal defense attorneys are usually paid by the hour, though some are contingency-based where payment is only required if their client wins his or her case. To learn more about what these lawyers do, please scroll down to the comments section below for related discussions.
Is it Worth it to Hire a Criminal Defense Attorney?
What would you do if you were charged with a crime? Would you hire an attorney immediately, or would you just let the courts handle it? A criminal defense attorney can best protect your rights and guide you through the legal system.
The next question is whether to hire a private attorney or use one provided by the state. There are benefits and drawbacks to each situation:
Privately hired attorneys:
You retain full control over your case – including how much money to spend – and may choose an attorney who specializes in the type of crime committed. Some privately hired lawyers offer free consultations, so people pay only for those sessions they think will benefit them most. However, these attorneys usually at least partial payment before accepting a case. If you win, they will not be paid and may lose money on the case.
Court-appointed attorneys:
The state hires these lawyers and pays them a set fee for each case. While independently hired attorneys usually specialize in certain types of cases or crimes, court-appointed lawyers often handle different types of cases and aren’t necessarily familiar with your situation. However, they’re not concerned about whether they make money off the case, since the state pays them anyway. Also, there are some advantages to having an experienced attorney who’s already familiar with many aspects of your type of case; he or she won’t need to research as much into medical history or specific legal issues that relate to it because he/she has seen this type of case before.
There are advantages and disadvantages to both privately and court-appointed attorneys. First, research the various benefits and drawbacks of each; then make your decision based on what’s best for you and your situation.
