Criminal defense:Role of criminal lawyer.

By Jordan Moore

Civil law differs from criminal law. In civil law, dispute between individuals and organizations are dealt with. The law relating to crime is criminal law. Whenever welfare of public and society is threatened, criminal law comes into picture. Examples of civil crimes are breach of contract, injunction, tort and other personal injuries. Tort itself means civil wrong. Whereas criminal offense comprises of kidnapping, riot, threatening to kill, sexual assault, manslaughter etc.

An act becomes a guilty act, provided it is done with the guilty intention. In latin language, one may find a maxim that makes it more clear. It says actus non facit reum nisi mens sit rea. There has to be a crime first. When law enforcement authorities collect evidence for the same, they arrest the person who is suspected by them of being guilty. He has the right to remain silent, when arrested. There is a possibility that anything he says might be used against him in the court. Now the criminal lawyer comes in the picture. Now the criminal defense comes into the picture.

There are many advantages of hiring him. Because of his experience, expertise and knowledge of many years, he is aware about the system and is very well aware of how things work in the court. He must have a profound knowledge of laws and legislation. He ensures that his client does not have to worry. In order to keep himself abreast of changes taking place in laws and legislation; he has to take some time for this. He needs to update himself on regular intervals. Having worked on many cases before allows criminal lawyer to understand and build a connection with the people in the court. Which is why, he can put forth what he has to say more easily and comfortably.

A criminal defense lawyer is the professional who represents his client, who is being accused of a crime. A professional criminal lawyer tries his best to make sure that his client is not being proved to be guilty by defending him. The success of the lawyer depends upon whether his client is proved to be guilty or not. It is not a mandatory requirement for both the parties involved in the case to settle it in the court of law. The option of settling outside is available, provided allowed by the jury. Parties need to have agreement in that context.

There are number of things that need to be taken into consideration, before appointing a particular person to be your representative in the court. The topmost of all is the experience of the lawyer in handling such cases. A newly graduate is not the right person to represent your case. Also, if a lawyer has a track record of loosing, he would be taken into consideration for this. In order to understand the potential and capability of the lawyer, the client has to engage in the long communication with him before appointing him as a lawyer. When appointed, it is the duty of the lawyer to keep you updated, as to when will the trial be held, what has been the outcome so far, what is the method and strategy in this case etc. There are some lawyers or firms that charge huge fees. In which case; alternatives should be explored.

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