A criminal defense attorney is different from an attorney that handles personal injury or real estate. This type of attorney specializes in criminal law. Attorneys that handle car accidents and preparing wills are known as civil attorneys.
Typically, criminal defense attorneys practice law in a small firm or private practice. More importantly, these types of attorneys are usually available in a specific geographical location. In some cases, personality variances between criminal and civil attorneys can explain the distinction; however, the main difference is found in the nature of the work.
Criminal defense attorneys generally represent clients that have legal issues on a local level. Moreover, these attorneys represent defendants with infrequent and varying legal needs.
The traditional defense attorney has earned several years of experience. This experience is usually a result of working for the government prior to venturing into a private practice. In most instances, criminal defense attorneys have gained experience as either a public defender or prosecutor.
The Local Advantage
According to WikiHow, it is in the best interest of the defendant to hire an attorney with local experience. These attorneys are familiar with the courthouse and have working relationships with judges and other attorneys. Local attorneys can be extremely valuable. Although laws are the same throughout the entire state, the procedures can vary significantly from courthouse to courthouse. For instance, the District Attorney in one area may offer a no-plea-bargaining agreement, while the District Attorney in a nearby area may not. A local defense attorney can also identify the prosecutors that will plead prior to trial versus the prosecutor that will negotiate.
The local advantage also includes attorneys that have working relationships with local law enforcement. These attorneys know how different police officers may react in court. Simply put, there are several valuable benefits to hiring a local criminal defense attorney.
Experience With Specific Offenses
Defendants should attempt to locate a defense attorney who has experience with specific offenses. More than likely, these attorneys have represented others with similar or the same offenses. According to NACDL, Criminal law has become so multifaceted that many defense attorneys have started specializing in specific offenses. For instance, one attorney may specialize in DUIs, while another specializes in drug-related offenses. Some defense attorneys even specialize in white-collar crimes that include tax fraud, nonviolent crime, and embezzlement.
We talked with Banks & Banks, Attorneys at Law, who explained to us, “It is useful for a defendant to inquire about the attorneys experience during the primary consultation. Defendants should avoid hiring an attorney who refuse to thoroughly discuss previous experience or who provide ambiguous responses.”
The Personal Aspect
The attorney represents a defendant by speaking on their behalf. For that reason, it is important that the attorney and the defendant have a quality relationship. The defendant must feel completely comfortable communicating with the attorney. Even when the attorney is highly recommended and proficiently experienced, the defendant must have an excellent personal relationship with the attorney. The most successful attorney-client relationships require full partnership between the client and the attorney. This includes the decision-making process and plea options. Additionally, defendants should attempt to hire attorneys who view them as partners and not as just another case.
In most cases, it will help defendants to ask themselves specific questions when considering a particular attorney:
1. “Is the attorney someone I can speak openly with?”
2. “Is the attorney someone I can work alongside?”
3. “Does the attorney explain parts of the case in an understandable manner?”
4. “Is there a genuine concern and desire to my case?”
5. “Can the attorney provoke trust from the judges, prosecutors, and jurors?”
A criminal defense attorney can offer many benefits to a defendant. However, it is more beneficial for the defendant to hire an attorney that has experience locally and who has a genuine desire to help. These attorneys are useful for representation in a number of cases, but the most successful results are produced by attorneys that specialize in a specific area.
