What Is a Defense Lawyer?
If you are charged with a crime and are facing having to pay a large fine or serving jail time or you have been sued in a civil case you probably will want to have a lawyer defend you. If you cannot afford one, the court will provide you with representation by a public defender. Before spending money for a private defense lawyer, you should know what a defense lawyer does to defend you.
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History
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The legal profession goes back to ancient Greece and the time of Socrates, who many consider a precursor to the prototypical lawyer. According to Roderick Long, author of "Nature of Law," Socrates debated the judgment of the state and whether law is a justification based on inherent morality or the authority of the state to say so. So long as states have formed laws, there have been lawyers to interpret those laws.
Criminal vs. Civil Cases
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Although defense lawyers perform similar roles in criminal and civil cases alike, there are differences because what is at stake for the defendant is different. In a criminal case, the lawyer defends a person accused of committing a crime. This includes such offenses as murder, kidnapping and petty theft. Conviction in a criminal case carries the risk of prison or jail time, depending on the seriousness of the crime. Civil cases involve a person being sued because the plaintiff suffered an injury and the defendant is said to be responsible for it. Defendants in civil cases do not face the possibility of jail time, but they can be ordered by the court to pay damages to the plaintiff if he wins the case. In both types of cases, a defense lawyer uses similar methods to defend someone.
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Negotiation
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An experienced defense attorney does more than just defend a client against accusations, he regularly attempts to bargain with the plaintiff. A proactive defense attorney often cuts deals with the prosecutor in a criminal case for a lesser sentence or a smaller fine in return for a defendant's plea of guilty. This is known as plea bargaining. A defense lawyer may get the prosecution to allow a defendant to serve a sentence in rehabilitation programs for drug offenses and other alternatives to prison. In civil cases, the attorney may negotiate a settlement with the plaintiff that is less than what a court might order the defendant to pay.
Proving Innocence
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If the defense lawyer feels a client is innocent of the accused crime or not responsible for the plaintiff's injuries that are alleged in a civil court litigation , she may seek to prove the client's innocence to a jury or judge.
Public Image
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Being charged with a crime can receive an excessive amount of media exposure and permanently taint a person's reputation regardless of whether the defendant is convicted or acquitted. Being sued in a civil case also could damage a person's public image. A defense attorney helps a defendant deal with this by defending him in the court of public opinion as well as trying to lessen his anxiety about appearing in court. The defense lawyer will coach her client on how to handle the embarrassment caused by accusations, but also keep the person's expectations for a trial outcome within reason.
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