A criminal lawyer is a legal practitioner specializing in the defense of people and businesses charged with criminal offense. Criminal defense lawyers argue the cases of clients against those charged with criminal offenses. The most common types of criminal offenses are burglary, murder, rape, arson, embezzlement, auto theft, fraud and murder. Criminal defense lawyers defend clients whose criminal acts were committed for financial gains or personal gain. Some criminal defense lawyers also deal with cases involving drug and alcohol abuse.
Many law enforcement agencies consider the services of criminal lawyers as a crucial component of their overall crime prevention strategy. Law enforcement personnel maintain custody of criminal lawyers who have been arrested for any type of felony and/or violation. When an arrest is made, the police must get a court order to prevent the arrested individual from appearing before a judge. It is then the responsibility of the criminal lawyers to obtain the release form the court and advise their clients on their rights and options. If the case cannot be settled outside the local jurisdiction, criminal lawyers bring their clients to the attention of the court and the prosecutor.
A criminal lawyer represents a client who has been accused of a criminal act. The focus of the criminal lawyer will be to provide the necessary legal counsel and information required by his client to ensure that his or her rights are maintained and to obtain the best outcome for the case. Most criminal lawyers attend law school just as most lawyers. Attending a law school is important for many reasons. A law degree allows a criminal lawyer to specialize in a specific area of the law. It also gives a law student the skills to argue cases and make legal arguments in a legal manner that will help his or her client understand criminal laws and their ramifications.
Most state constitutions require that each member of the bar attain at least undergraduate degree from a university that is accredited by the American Bar Association. Other states may regulate the practice of criminal law by requiring licensing or certification. Many states have no regulating body and only the state itself can establish the qualifications for license. Although not all states require law school graduates to get licenses, the ones that do usually have very specific requirements. Many states require criminal lawyers to be licensed in order to practice.
It is important for an attorney to understand how the law works and to be familiar with any applicable special circumstances. Criminal lawyers represent clients charged with crimes either in state or federal courts. They handle cases involving murder, rape, arson, drug trafficking and related charges, disorderly conduct, theft, fraud and other criminal acts. In instances where there is no dispute between the prosecutor and defense attorney about the guilt or innocence of the defendant, the jury trial results in a guilty verdict, regardless of whether the defendant had actually caused the death or injury.
It is up to the district attorney to prove that the defendant is guilty beyond a reasonable doubt. The burden of proof in criminal law is much higher than that in civil law. A criminal lawyer has to prove beyond a reasonable doubt that a defendant is guilty of the crime in order to prove that the punishment should be applied. If a professor says that criminal defense attorneys should spend more time studying the history of the law rather than the particulars of each crime, then perhaps those students will spend more time practicing their craft and making better attorneys.
Law Offices of Jason Bassett, P.C.| Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200,
Central Islip, NY 11722