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A lawyer, also called an attorney or an attorney at law, is a professional individual who holds a license to practice law. Practicing law includes many tasks, such as:
There are two main categories of laws in the United States, civil laws and criminal laws. Civil law is a broad body of law that governs wrongdoing by one individual against another, referred to as torts.
Examples of civil cases may include:
When a civil case is filed, there are two parties, a plaintiff and a defendant. The plaintiff is the individual filing the lawsuit.
The defendant is the individual against whom the lawsuit is filed. If a defendant is found liable in a civil case, they may owe the plaintiff money, or monetary damages.
Other civil remedies may include equitable remedies, such as temporary or permanent injunctions or specific performance. It is important to note that there are certain torts which may also be classified as crimes but torts and crimes are different things.
Criminal law is intended to handle behaviors that are considered offenses against society, the state, or the public, even when the victim is an individual. A crime is a wrongful act that the state or federal government has classified as illegal.
A wrongful act may be a violation of state law, federal law, or both. Criminal cases are filed by a government entity, such as the state in which the crime occurred.
In criminal cases, the plaintiff is the government entity and the defendant is the individual charged with the crime. If a defendant is found guilty in a criminal case, they may face incarceration, criminal fines, and other criminal penalties.
Criminal offenses are categorized, in general, as misdemeanors and felonies. A misdemeanor crime is a less serious crime which typically carries a sentence of less than one year and fines of less than $1,000.
Felonies are more serious crimes which may be punished by prison sentences of one year or more and increased criminal fines. A felony conviction may also affect other areas of a defendant’s life, including:
In general, a felony conviction remains on an individual’s criminal record for the remainder of their lives. In addition, if they are convicted of additional crimes in the future, the punishment for those crimes will likely be more severe, for example, a longer prison sentence or a higher criminal fine.
In addition, some states have three strikes laws, or three strikes rules. These laws impose a harsher sentence on a defendant convicted of certain felonies three times.
In many instances, the third felony conviction results in a mandatory sentence of life in prison. Three strikes laws should not be confused with habitual offender laws, which are also used to curb repeat offending.Habitual offender laws increase the severity of punishment defendants face if they repeat offend. These laws may also increase the number of requirements convicted offenders are required to satisfy in order to complete their probation or parole period or it may elevate the crime they are charged with.
These laws may focus on a specific type of crime. For example, if an individual commits misdemeanor petty thefts, the statute may provide that the next instance of misdemeanor petty theft constitutes a felony offense.
Therefore, the individual may be sentenced to incarceration of one year or greater if they are ever convicted of that crime again. This may also affect their status under the three strikes rule.
In the United States, the 6th Amendment to the Constitution guarantees a defendant the right to an attorney if they are charged with a crime. If law enforcement wishes to interrogate a suspect, they are required to read them their Miranda Rights.
As part of the Miranda warning, law enforcement is required to tell that individual that they have the right to an attorney. A lawyer for a defendant will represent them in court.
In addition, a defense attorney can negotiate with the prosecution and possibly have the charges against the defendant reduced or dismissed. An attorney can also negotiate a plea deal for their client.
If a client cannot afford an attorney, they may have one appointed to represent them. If an individual can afford one, they can hire a private defense attorney to represent them.
Having a lawyer is very important for a defendant because there are many issues and legal intricacies that arise which an average individual will not be aware of.
If a person is not eligible to receive appointed representation they may be asking themselves, “[h]ow do I find the best defense lawyers near me?” There are several options available for finding a defense attorney, including:
Although conducting an online search seems like it may be the most convenient way to find a local lawyer, it often results in multiple listings, many of which are not accurate. The other options may provide more narrow results, but they may not provide a large enough number to allow the individual to find the best fit for their needs.
An excellent resource for finding a defense lawyer is LegalMatch. LegalMatch is a free online service which allows an individual to present their case for free in as little as fifteen minutes.
LegalMatch will provide prompts allowing the individual to choose their location and their specific needs. Within 24 hours, the individual will receive responses from prescreened attorneys in their area who can help with their case.
From there, the individual can contact as many of the attorneys as they need to in order to find the perfect fit for their case and budget. In many cases, attorneys will offer a free initial consultation, which allows both parties to ensure they are a good fit for one another.
Having a consultation with a defense lawyer does not mean that they are officially hired by the individual. Instead, it is similar to an interview process and the individual can decide whether or not to hire that attorney following their consultation.
If you have been charged with committing a crime, it is very important to consult with a good defense attorney in your area. Your defense attorney can present defenses that may be available in your case and represent you when you appear in court.
As noted above, a criminal conviction may affect more areas of your life outside of your criminal record. In addition, if you already have a misdemeanor conviction, it may result in harsher punishment for other convictions in the future.
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