Anyone who has been accused of a crime has the right to an attorney…but do you really have the need for an attorney? If you are facing the possibility of jail time or imprisonment,
the answer is probably yes. Whether you know you are guilty as charged or if you have been wrongfully accused, a criminal attorney is all that could stand between you and incarceration.
The Difference between Criminal Attorneys and Civil Attorneys
In order to understand the differences between the two types of attorneys, you need to understand the differences in the two types of law. The most important difference is in the punishment available to the courts. Civil suits can result in monetary penalties, but never result in incarceration or even, in some extreme criminal cases, the death penalty.
Another difference is in the accuser. Private individuals or businesses file civil cases and the state or federal government brings criminal cases to court. In criminal law, the burden of proof is always on the government and the defendant is presumed innocent until proven guilty. The criminal case must be proven beyond the shadow of a doubt while a civil case is won by displaying a preponderance, or majority, of evidence.
You can see that the two types of laws are very different with very dissimilar outcomes, so the lawyers require variant skill sets. If you are accused of a crime and are facing prosecution, you will want a criminal lawyer to represent you and direct your defense.
How to Choose a Criminal Defense Attorney?
Choosing a criminal defense attorney is obviously an important decision. The phone book is full of ads
for them, so how do you decide which lawyer is the best one for your situation? Start with doing an online search for attorneys in your area. You can narrow your search by including the type of crime of which you have been accused, such as drug offenses, DUI, sexual offenses or others.
Once you have a list, search the web again, looking for web sites established by the law firms. Is there any helpful information provided there? Also search the web for confirmation that the lawyers you are considering are in good standing with the Bar Association.
When you have narrowed the field down to a few candidates, call their offices and schedule an appointment. Most defense attorneys offer a free initial consultation. Take advantage of that and get to know the attorney a little bit. Do you feel comfortable in his/her presence? Does he communicate effectively so you can understand what he is saying? What about his staff? Do they treat you with courtesy and respect?
Before you make your final decision, ask for references and discuss the attorney fees. This is one case where you probably do not want the cheapest attorney available. Trust your gut instincts to tell you if this is the right person for your situation and choose the lawyer you feel will do the best job for you.
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by
michael k
Member since:
September 16, 2008 Do You Need a Criminal Attorney?
January 05, 2009 04:18 PM EST
(Updated: January 16, 2009 03:23 PM EST)
views: 27
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comments: 1
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