If you are arrested, you will be read your Miranda Rights. Within those rights is your right to an attorney. The rights also state that if you cannot pay for proper representation, one will be appointed for you. These attorneys are called public defenders. So what’s the difference between them and criminal defense lawyers? There is no difference, except the client pays for private lawyers while public defenders are not paid by the represented.
If you’re lucky, you may get a private defense attorney who’ll agree to represent you pro-bono. This means that they are at your service free of charge. Many lawyers decide to take on these types of cases if they really believe in their hearts that the accused is innocent.
No matter which one you can afford, it is a criminal defense lawyer’s job to represent their client to the best of their ability. You are usually asked about representation during your arraignment. When hired or appointed, the first thing a lawyer must do is to speak with their client. The lawyer must explain to the client the ins and outs of the judicial system, as well as preparing the accused for his or her days in court.
A criminal defense attorney should always try to get your case thrown out. If the case is thrown out, you will not have to go to trial. Your record will not reflect this arrest because you were not convicted of the crime.
If your case goes to trial, your criminal defense attorney will try to begin negotiations with the prosecutor. If the defense knows the prosecutor’s willingness (or unwillingness) to settle cases, the attorney will try to throw out more serious charges, thus reducing your jail term, if you get any jail time at all.
If you believe you are innocent (or have a good chance of being found innocent), the trial will probably move forward. When this happens, the attorney’s job really begins to get interesting. The prosecution will probably have witnesses that will attest to your guilt. Your criminal defense attorney has the right to interview those witnesses in order to find inconsistencies in their stories.
A defense attorney can also bring in an independent lab or experts to testify on your behalf. If a defense attorney believes that the prosecution’s findings are somewhat skewed or biased, this is a great way to debunk the state’s case. Conflicting findings or reports may put doubt in the juror’s minds. This doubt can give you a lesser sentence or even a full acquittal.
What happens if the client is a public figure? Chances are, no public defender will be necessary. Sometimes, the lawyers representing these clients become just as famous as the clients themselves. Just look at Johnny Cochran or Mark Garagos. These two names were virtually unknown until their clients O.J. Simpson and Scott Peterson (who was not a public figure until the crime), respectively, were charged with double murder. These lawyers will probably have to hold press conferences and make the rounds on various news networks in support of their famous or infamous client
No matter what type of criminal defense attorney you have, you have to basically put your life in their hands. That’s a very tall order. Choose a lawyer you trust and can work with.
By Michelle Presbury