In each case in a criminal justice system, there’s a complex web of a prosecutor, a defense attorney, a judge, victim, defendant, and witnesses all working together in a courtroom to find justice. A defense attorney is a key participant in the courtroom system because both the victim and the defendant rely on their argument to find justice in the case. Whether they win or lose the case, it’s a win on either side. What is a defense lawyer, and what do they do in the criminal justice system? Let’s dive in to define and understand the defense attorney and their roles.
The Definition of a Defense Attorney
In a court system, the defense attorney protects the interests of the accused (defendant) and ensures that the prosecution proves the charges without a doubt. This means providing the best defense against the defendant’s accusations and serving as the defendant’s guide, confidant, and protector.
Defense attorneys can be court-appointed attorneys often paid by the government for people who can’t afford the cost of an attorney or private attorneys for those who can afford an attorney’s cost, but each state has its system to provide a defense to the accused.
Types of Defense Attorneys
Like in every field, lawyers also specialize. Once you’re a defense lawyer, you can also specialize your trade into different options. There are four different types of defense attorneys:
Criminal Defense Attorneys
A criminal defense attorney is a defense lawyer who specializes in defending individuals or companies accused of criminal activity. A criminal defense attorney in CT may be self-employed, privately retained by a company or an individual, and work for a law firm. The criminal justice system courts retain some criminal defense lawyers, and they are called public defenders.
Public Defenders
Public defenders or defense attorneys are defense lawyers working for courtrooms and government agencies. They defend those who cannot afford the cost of legal counsel and provide them with the right to legal counsel and defense. Each state has a system of providing defense to these types of people, which can fall into three categories:
- Public defenders
- Assigned counsel
- Contract systems
These defense attorneys are assigned depending on your state and how the criminal court system works.
Civil Defense Attorneys
Typically, civil defense attorneys work on civil cases to defend people listed in a lawsuit. Usually, these are cases where their clients are being accused and sued for a given sum of money. In these lawsuits, the civil defense attorney’s job is to try and disprove their clients’ liability for the claimed damages. Civil cases include divorce, mass torts, class action, or personal injury law.
Juvenile Defense Attorneys
In general, Juvenile defense attorneys defend children and individuals aged between 10 and 17. These are people who cannot be tried in adult court systems, even if the crimes they’re accused of are of the same magnitude as adult crimes. Juvenile defense attorneys specialize in parts of the law that defend juveniles whose sentences and penalties are different from adults. These defense lawyers try to find rehabilitative solutions for the juveniles and help them avoid incarceration.
Finding a Criminal Defense Attorney
When you’re looking for a private criminal defense attorney, look for a law firm with a reputation and expert attorneys who specialize in criminal defense in the jurisdiction (state, city, or county). Find a local attorney familiar with the prosecutors and judges in that area.