The Hollywood-portrayed setting glorifies criminal defense cases. Dynamic lawyers on both sides stand and speak with audacity to convince a stoic jury. A stern judge hammers his mallet, and witnesses blurt out testimonies - or admit guilt - while the stunned crowd gasps at every breath and word spoken. The defendant looks forlorn and teary-eyed while the prosecution sneers with snake eyes and creepy smiles.
Most of Hollywood's court cases involve murder or other large-scale cases. In real life, the setting might be that dramatic for someone who is facing criminal charges, but an audience might not tune in to see what most criminal cases are about. Charges like misdemeanors, DUIs, assault, theft, drug charges and traffic violations probably won't bring in the ratings - Jude Judy is an exception.
So, in the real world, what is criminal defense? Who needs a criminal defense lawyer?
By definition, a criminal defense lawyer specializes in defending both individuals and companies that are charged with criminal conduct. Criminal law pertains to the relationship between an individual and the state. Those cases are heard in criminal court. Civil law, however, is between individuals and is dealt with in civil court. A person would want to hire a criminal defense attorney if they have been charged with any crime against the state, i.e. DUIs, traffic violations, misdemeanors, etc. If someone is suing you, you won't want to hire a criminal defense attorney.
If there is one philosophy about criminal defense, it's this: "Guilty until proven innocent." Prosecutors have to prove beyond a reasonable doubt that that the defendant is guilty in every single essential part of the case. It doesn't matter if it's a serious or minor crime; juries have to be unanimous in a guilty verdict to convict a defendant. In some serious crimes, the jury has to be unanimous that the defendant is not guilty in order to be acquitted. If the jury isn't united, that is often called a "hung jury," which might result in a retrial.
Criminal defense lawyers fight with their defendants through that whole process. They do more than just litigation, too. They also deal with all the surrounding circumstances such as the searches of the client or the client's property, apprehension, and the arrest of the client. Criminal defense lawyers help their clients make the right statements - or none at all - and guide their clients in other issues to protect their client's rights.
Many lawyers are not fit to represent individuals that are facing criminal charges. There is a certain weight, or pressure, to handling criminal defense cases. The consequences to a conviction can be severe. If a criminal defense attorney loses, that can mean lifetime in jail or the death penalty. Some lawyers don't want to take on that burden of responsibility.
Some people who are facing a criminal charge may not have the money to hire a criminal defense lawyer. Those individuals are often assigned public defenders. Public defenders are employed by the state, the county or the federal government.
There is a sentiment that public defenders aren't paid well and thus do not do a very good job. That is a stereotype that is unfair to many that have made a career out of being a public defender. While public defenders often are comprised of recent law school graduates, there are many other experience lawyers who have dedicated their life to representing those that need help and don't have the deep pockets needed to hire well-known lawyers.
Most of Hollywood's court cases involve murder or other large-scale cases. In real life, the setting might be that dramatic for someone who is facing criminal charges, but an audience might not tune in to see what most criminal cases are about. Charges like misdemeanors, DUIs, assault, theft, drug charges and traffic violations probably won't bring in the ratings - Jude Judy is an exception.
So, in the real world, what is criminal defense? Who needs a criminal defense lawyer?
By definition, a criminal defense lawyer specializes in defending both individuals and companies that are charged with criminal conduct. Criminal law pertains to the relationship between an individual and the state. Those cases are heard in criminal court. Civil law, however, is between individuals and is dealt with in civil court. A person would want to hire a criminal defense attorney if they have been charged with any crime against the state, i.e. DUIs, traffic violations, misdemeanors, etc. If someone is suing you, you won't want to hire a criminal defense attorney.
If there is one philosophy about criminal defense, it's this: "Guilty until proven innocent." Prosecutors have to prove beyond a reasonable doubt that that the defendant is guilty in every single essential part of the case. It doesn't matter if it's a serious or minor crime; juries have to be unanimous in a guilty verdict to convict a defendant. In some serious crimes, the jury has to be unanimous that the defendant is not guilty in order to be acquitted. If the jury isn't united, that is often called a "hung jury," which might result in a retrial.
Criminal defense lawyers fight with their defendants through that whole process. They do more than just litigation, too. They also deal with all the surrounding circumstances such as the searches of the client or the client's property, apprehension, and the arrest of the client. Criminal defense lawyers help their clients make the right statements - or none at all - and guide their clients in other issues to protect their client's rights.
Many lawyers are not fit to represent individuals that are facing criminal charges. There is a certain weight, or pressure, to handling criminal defense cases. The consequences to a conviction can be severe. If a criminal defense attorney loses, that can mean lifetime in jail or the death penalty. Some lawyers don't want to take on that burden of responsibility.
Some people who are facing a criminal charge may not have the money to hire a criminal defense lawyer. Those individuals are often assigned public defenders. Public defenders are employed by the state, the county or the federal government.
There is a sentiment that public defenders aren't paid well and thus do not do a very good job. That is a stereotype that is unfair to many that have made a career out of being a public defender. While public defenders often are comprised of recent law school graduates, there are many other experience lawyers who have dedicated their life to representing those that need help and don't have the deep pockets needed to hire well-known lawyers.
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