A criminal justice attorney is an attorney that practices in criminal laws and assists their client, who is known as a defendant, that has been charged with a crime. Specifically, a criminal justice attorney helps their client in forming their best legal defense to the charges that have been brought against them by the state.
In a criminal case, the prosecution will generally be the state, which will bring criminal charges against a person alleged to have violated the criminal laws of the state, who is known as the defendant. However, the prosecution may also be the federal government in some cases.
When criminal charges are brought against an individual, that individual has a constitutional right to an attorney. Further, any criminal charges that are brought against an individual must be proved beyond a reasonable doubt in order for that criminal defendant to be convicted of the crime.
It is important to note that every state will have their own set of criminal laws that will be used to determine the legal elements necessary for an individual to be convicted of a crime. However, all criminal justice codes will specifically state that no person may be convicted of a criminal offense unless the prosecution first proves each element of the criminal offense beyond a reasonable doubt. Therefore, without such proof, the defendant will be presumed innocent, and the charges against them must be dropped
In the criminal justice system, there are two types of criminal justice attorneys:
- Criminal defense lawyers; and
- Criminal prosecutors.
In general, the criminal procedure process follows the following path:
- First, an individual that is suspected of a crime is charged with the crime under either state or federal criminal laws;
- Next, the person is arrested and brought before a judge, where an arraignment occurs;
- Then, the person generally attends a preliminary hearing and pretrial motions are heard to determine whether or not the case will proceed to a criminal trial;
- If a criminal trial occurs, either the judge or a jury will determine whether or not the defendant is guilty or not guilty;
- If guilty, the criminal sentencing phase of the trial will commence, where the defendant will receive criminal penalties; and
- Next, the defendant will have the right to appeal their case or sentence to a higher court.
What Does a Criminal Prosecutor Do?
As mentioned above, there are two different criminal justice attorneys: a criminal defense attorney and a criminal prosecutor. A criminal prosecutor is an attorney that is responsible for representing either the state or the federal government in bringing a criminal case against a person that has been accused of a crime.
It is important to once again note that a criminal prosecutor has the burden of proof to prove that a defendant is guilty beyond a reasonable doubt before they can be convicted of a crime. As mentioned above, this is because a defendant is always presumed to be innocent until proven guilty.
In general, a criminal prosecutor will only become involved in a criminal case when a suspect has been identified and formal charges are being filed against them.
Examples of responsibilities of a criminal prosecutor include, but are not limited to the following:
- Reviewing criminal reports and deciding whether or not to pursue criminal charges against a person suspected of a crime;
- Reviewing the criminal case as facts and information are gathered to determine whether or not the case is strong enough to support the charges brought against the defendant; Deciding whether or not to allow for plea bargains to occur with the person charged with the crime and their appointed attorney;
- Interviewing witnesses, such as eyewitnesses or police officers, and reviewing their testimony as it relates to the criminal case;
- Attending the criminal trial and representing the state in the criminal trial by presenting evidence to the judge or jury; and
- Representing the state in the criminal sentencing phase of the criminal trial if the defendant is found guilty of the crime they were charged with.
As can be seen, a criminal prosecutor is responsible for a multitude of tasks in representing the state or government in prosecuting persons who the state or government reasonably believe to be guilty of violating criminal laws.
What Is a Criminal Justice Attorney?
The other type of criminal justice attorney is a criminal defense attorney. A criminal defense attorney is simply an attorney that defends a person that has been accused of a crime. Criminal justice attorneys are responsible for providing their client with legal advice, counsel, as well as representing them throughout the entire criminal case.
A criminal defense attorney may either be hired by a client privately, or they may be appointed by a court to provide defense for a person that is unable to afford their own attorney. Once again, a person has a constitutional right to an attorney.
Unlike state or federal prosecutors, a criminal defense attorney is typically involved in a criminal case at a much earlier stage. For instance, criminal defense attorneys often begin providing legal services even before criminal charges have been formally filed against the suspect. An example of this is a criminal defense attorney being present while the police are interrogating their client.
Examples of responsibilities of a criminal defense attorney include, but are not limited to the following:
- Assisting individuals who have been suspected of a crime during police interrogations and other criminal procedures;
- Assisting individuals during the pretrial phases of the criminal process, such as asserting legal defenses;
- Engaging in plea negotiations with the state or federal prosecutor, in order to obtain a reduced criminal sentence or to have the charges brought against their client dismissed;
- Researching the facts and laws that are involved in the criminal case, as well as gathering information and interviewing witnesses to form a solid legal defense;
- Actively defending their client in court during the criminal trial phase;
- Representing their client during the post trial phase of the trial, such as by attempting to secure an alternative criminal sentence, such as parole or probation; and
- Seeking an appeal of the conviction or criminal sentence for their client, if available.
As can be seen, a criminal defense attorney works with their client from before formal charges are brought, and even after the criminal trial phase in many cases. Criminal defense attorneys are crucial in representing their clients during post-trial issues such as parole or probation. In short, probation is an alternative form of criminal sentencing that allows an individual that is convicted of a crime to avoid imprisonment.
On the other hand, parole is another alternative criminal sentencing option that occurs after an individual has already served some of their jail sentence.
What Are Some Common Criminal Legal Issues?
As mentioned above, both state prosecutors and criminal defense attorneys are involved in handling a variety of different criminal legal issues. Once again, the state prosecution has the burden of proof in a criminal case to prove that the defendant who was charged with the crime is guilty of that crime beyond a reasonable doubt.
Once again, this means that a criminal defendant is considered to be innocent until proven guilty. A defense attorney’s main job is to provide for a solid legal defense and point out flaws in the prosecution’s case, such as them not being able to prove each and every element of the crime being brought against their client beyond a reasonable doubt. If the prosecution cannot meet their burden, then the criminal charges brought against the defendant should be dropped.
Do I Need a Criminal Justice Lawyer?
If you or your loved one has been criminally charged with a crime, then it is in your best interests to immediately consult with an experienced criminal justice lawyer. A criminal justice attorney is essential in helping a person charged with a crime build a solid legal defense and avoid the criminal punishments that are attached to the criminal charges brought against them.
If you have been a victim of a crime, then a criminal prosecutor can help you through filing formal charges and ensuring that the person who committed the crime is brought to justice. Many victims of crimes also work with private prosecutors in order to bring formal criminal charges and then proceed with a civil lawsuit for the damages they suffered.
