Definition of a Criminal Defense Lawyer
A criminal defense lawyer represents people charged with a crime or crimes. Criminal defense lawyers usually work on their own in solo practice or as public defenders. Often, criminal defense lawyers limit their practice of law exclusively to handling criminal cases. While any lawyer can defend a person in court, a criminal defense lawyer offers clients the experience and knowledge only available through the daily practice of criminal defense law.
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Qualifications of a Criminal Defense Lawyer
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Criminal defense lawyers must be graduates of an American Bar Association-accredited law school and have passed their state's bar exam. Passing the bar exam allows the lawyer to practice in both state and federal courts.
All lawyers may take a criminal defense case, but most criminal defense lawyers have added qualifications. Many have served in a state or federal prosecutor's office before going into defense practice. As prosecutors, they learn both sides of the criminal defense system and learn to identify weaknesses in the prosecution cases, since they have had to prepare such cases themselves.
Other criminal defense lawyers in private practice worked as public defenders. Public defenders get exposure to every type of criminal case and become expert through daily practice in the criminal courts. Many public defender offices offer regular training and updates on the law to their attorneys.
Some lawyers begin their careers as public defenders and learn on the job.
Private Criminal Defense Lawyers
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Most criminal defense lawyers practice on their own or with one or two partners. Many operate a general practice and will handle any kind of criminal case. Increasingly, criminal defense lawyers specialize in an area of law. Specializations include driving under the influence cases, drug cases and major felonies such as murder or robbery.
Private criminal defense lawyers charge retainers starting at $1,500 for misdemeanors to $10,000 and up or more for major felonies.
A few criminal defense lawyers practice in large law firms that handle commercial and business clients. The criminal defense lawyer in the firm represents corporate and business clients charged with white collar crimes such as fraud and money laundering.
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Public Defenders
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Public defenders operate out of a public defender office and are paid by the state, county or federal jurisdiction in which they are located. Public defenders represent people charged with crimes who cannot afford a lawyer.
While public defenders often have large caseloads, most are very competent lawyers. Judges appoint a public defender and then the case is assigned within the office by the supervising attorney.
Organizations and Continuing Education
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Many criminal defense lawyers are members of the National Association of Criminal Defense Lawyers or the National Legal Aid & Defender Association. Both organization provide updates on the law and advanced training for criminal defense lawyers.
Many continuing legal education courses for criminal defense lawyers are offered by state bar organizations.
Most criminal defense lawyers also subscribe to professional publications.
Considerations
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Criminal defense lawyers have extensive training in their field. Because criminal law is complex, a lawyer specializing in criminal defense is usually the best choice if you have been accused of a crime.
Criminal defense lawyers also know court personnel, judges, police officers and prosecutors. Often these relationships can help them bring a good resolution on behalf of their clients.
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Resources
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