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What You Can Expect from the Best Criminal Defense Lawyer
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By FindLaw Staff | Reviewed by Bridget Molitor, JD | Last updated May 08, 2020
If you're looking at prison time or a hefty fine, it's a good idea to look into hiring the best criminal defense lawyer possible. You may have the ability to get a court-appointed lawyer if your income qualifies.
Simply put: the legal system is designed to make competently representing yourself in criminal trials almost impossible. Even if you have an abnormally high IQ, the system does not work in your favor. Hiring an attorney to represent you in your criminal trial is a necessity.
Contacting clients through email, phone calls, video calls, or in-person meetings
Reading case documents, evidence, and statutes (laws)
Taking notes on what would be helpful for the case
Forming a strategy for the case
While these activities may seem boring, they are the essential building blocks to making a strong case.
Criminal attorneys often spend months preparing for a case. The preparation can take much longer than actually being in the courtroom. This way, when the case goes to court, things can move as quickly as possible, and there are no surprises in the case.
What Specific Work Does a Criminal Lawyer Do That I Can't Do?
After the research and strategy are done, a criminal defense lawyer has many jobs. While in court, they will call witnesses in your defense and cross-examine the prosecution's witnesses.
They need to be dynamic and trustworthy, explain complex topics to a jury, and be prepared to discuss any aspect of the case. And this is just the beginning of the tasks ahead of them.
Specialties and Duties: Plea Bargains
Your criminal defense attorney may work with you and the prosecutor to negotiate a "plea bargain."
A plea bargain can reduce your potential sentence or eliminate some of the charges brought against you. However, prosecutors are often unwilling to negotiate with defendants that represent themselves.
Specialties and Duties: Sentencing
Your attorney will figure out a good sentencing program for your situation.
If you're found guilty, your criminal defense attorney may be able to change your sentence. Often, they are changed in a way that would prevent you from winding back in the criminal justice system.
For instance, instead of going to prison for ten months for a drug possession conviction, your criminal defense attorney may suggest a prison sentence of six months and then four months in a drug treatment facility. This approach aims to help you with the drug problem that landed you in trouble in the first place.
Specialties and Duties: Case Outcomes
As hard as it might be to hear, an attorney has the experience and training to provide you with a reality check.
Defense lawyers know what's going on much betSpecialties and Duties: Handling Investigators and Experts
Part of the case will require finding and hiring investigators and expert witnesses.
Investigators can investigate not only the alleged crime but also the prosecution's witnesses. If these investigators can find evidence that would make a witness's testimony less believable, this could help your case tremendously.
Similarly, expert witnesses may be able to present evidence that would tend to show your innocence. They can also rebut evidence that the prosecution presents, making the prosecution's case less credible.
Reading Books Can't Replace Hiring a Criminal Defense Lawyer
Some criminal defendants seek to represent themselves by researching and reading books. However, reading books that spell out crimes, punishments, and defenses probably won't lead you to victory in your case.
As any seasoned lawyer will tell you, there's quite a vast difference between reading about the law and actually practicing the law in court.
Nothing Replaces Courtroom Experience
Understanding the ebbs and flows of a criminal trial can make the difference between winning and losing your case.
"Prosecutorial discretion" is a prime example of these ebbs and flows. Even the simple decision of what to charge a criminal defendant with can be complex. This can make all the difference in how a case is handled.
For example, what may appear to be a simple crime on paper could realistically be cast to be a multiple count indictment or a simple misdemeanor. Criminal defense lawyers are skilled at negotiating with prosecutors to figure out what counts to charge.
What Does Someone Need to Do to Become a Criminal Lawyer?
A degree in criminal law requires:
A four-year degree from an accredited university
Three years of school from an accredited law school
A Juris Doctor degree
Passing the bar exam in the state they wish to practice in
A license to practice from the state
Law students can appear in court while in school if a licensed attorney supervises them.
Most criminal law attorneys don't handle every type of criminal case. There is a large difference between defending a DUI and defending a client charged with murder. It is crucial to hire an attorney who has experience in the charges you are facing.
You should also communicate well with the attorney and feel comfortable being honest with them, and the approach they will take in court. Not every attorney is a fit for every client.
You should ask a prospective attorney these types of questions:
Get Professional Help From a Criminal Defense Attorney
As you can see, a good criminal defense lawyer can make your job easier. They can also improve your chances of winning your case or obtaining a more favorable plea bargain.
Even if you qualify for a court-appointed attorney, there's nothing keeping you from speaking with an experienced attorney to obtain a second opinion on your case.
If you're really set on representing yourself in court, you should, at the very least, retain the best criminal defense lawyer possible to act as a coach during your trial.
You can find an experienced criminal defense attorney near you and start by reading reviews and testimonials or having a free phone consultation to ask questions about your case.
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