Criminal Defense Attorneys

What do criminal defense attorneys do?

Criminal defense attorneys represent persons who have been charged with a crime. In the United States, crimes are categorized by their severity and the amount of time of imprisonment someone convicted of one of those crimes can be required to serve.

  • Felonies are the most severe crimes and can be punished by more than one year in prison.
  • Misdemeanors are less severe offenses, for which punishment can be up to one year in prison.
  • Lesser offenses (also called “infractions” or “petty offenses”) generally are punishable by a fine or community service.

Where do criminal cases occur?

Most criminal laws and criminal offenses are handled under state law by state courts. However, certain crimes, involving violations of federal law, are handled in federal courts. Some actions can be charged and tried under both state and federal law.

In such cases, a person accused of a crime might need an attorney to represent them in both state and federal court. The legal justification for this phenomenon is called “dual sovereignty”; both the state and federal governments have sovereign power to try and punish criminal offenses.

When would I need a criminal defense attorney?

You need a criminal defense attorney in any of the following situations:

  • you have been arrested or ticketed and charged with a crime;
  • you learn that you are a suspect or “person f interest” in a criminal case;
  • you believe you may be called to testify as a witness in a criminal case and you have some concerns about your own legal rights; or
  • you want to know whether something you plan to do violates any criminal laws.

Why do I need a criminal defense attorney?

In almost all cases, you have the legal right to represent yourself in court. However, it is usually inadvisable to do so. The law, court rules, and procedures can be very complicated. While you could learn much of that information, it would be difficult to learn it quickly, especially while you are facing the stress of being charged with a crime.

Defense attorneys know the law, procedures, court rules, filing deadlines, rules of evidence, rules for appeals, and other legal rules that will affect your case. They have experience working in court and can identify the various legal issues that you must address to achieve the best possible outcome. Finally, they can provide objective advice—something very important when you have been charged with a crime and need candid information and recommendations.

How do I select an attorney?

It is not feasible to list all the considerations related to selecting the right attorney to represent you in a criminal case, but here are some general guidelines and questions in four areas—knowledge, experience, availability, and your personal level of comfort with that attorney—that you can use to decide whether to retain a particular attorney.

Knowledge:

  • Does the attorney know the elements that the prosecutor must prove to establish guilt for the offense with which you are charged?
  • How strong does the prosecution’s case seem, given the facts in your case?
  • If you are convicted, what is the range of penalties you will face?
  • What evidence will be most important?
  • How can you, as the client, help the attorney in preparing and presenting your defense?
  • Will the attorney have to do any legal research to handle your case? If so, how much?

Experience:

  • Has the attorney worked on criminal defense cases before?
  • Has the attorney defended clients who were charged with the same offenses you have been charged with?

Availability:

  • Does the attorney have adequate time to spend on your case?
  • Does the attorney communicate with you regularly and return your phone calls and e-mail messages promptly?

Level of comfort in dealing with them:

  • Do you feel comfortable and confident in dealing with the attorney?
  • Does the attorney answer your questions in a way that you can understand the answers?

Is the attorney willing to spend the necessary time with you to make sure you understand all of the following:

  • the issues of your case?
  • your legal rights?
  • what penalties are possible or likely?
  • the pros and cons of plea bargaining with your case?
  • the strategy he or she recommends for your case? and
  • other points that you are concerned about?

How can I find a criminal defense attorney?

Attorneys Catalog provides a list of criminal defense attorneys licensed to practice law in several states: