It seems pretty straightforward, right? Call a number, talk to an attorney, pay some money and – boom! You’ve hired a lawyer.
But did you get the right lawyer?
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
For someone who is facing criminal charges, there’s a lot on the line. Whether or not you have the right attorney can make a big difference. Going to jail, losing your driver’s license, and losing your job are just a few of the ways a criminal charge can have an impact in your life.
But where to start finding a lawyer you can trust? Here are a few suggestions.
What’s the difference between Criminal v. Civil law?
Criminal Law
For many people, all the “law stuff” seems the same. But there’s actually a big difference. Criminal law deals with “crime and punishment,” as it were. Situations that threaten or harm property, health, or a person’s safety is considered criminal. For example, stealing a person’s computer, driving drunk, or hitting a spouse are all criminal offenses. Think “Law and Order” or “Criminal Minds.”
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
In criminal law, the government takes the responsibility of charging a person with a crime. Usually it starts with a police officer filing a report. After that, it’s turned over to the prosecutor’s office where they decide whether or not a person will actually be charged with that crime.
The government also takes the responsibility for prosecuting the crime. When the charges come to court, a prosecuting attorney represents the state and presents the case before a judge.
Civil Law
Civil cases usually involve disputes between people or organizations. If a corporation wants to merge with another corporation, that’s civil law. Two people getting a divorce is also civil law. Being evicted from an apartment, workplace discrimination, and bankruptcy are also examples of civil law.
A successful defense strategy starts with an understanding of your goals and needs.
Each side is responsible for getting their own attorney when it comes to civil law. A husband and wife have to find their own lawyers in a divorce case. Two corporations have to bring their own attorneys. The state isn’t going to pay for them.
Why it’s important to know the difference
If a corporation wants to sue other corporation for millions of dollars, they’re not going to hire somebody specializing in DUI charges. There’s a good chance the DUI lawyer will lose, especially coming up against a team of corporate attorneys that have been doing that kind of law day in and day out for years.
The flip side is also true. A person facing a DUI charge will be at a disadvantage with a corporate attorney on their side. Millions of dollars may not be at risk, but that person has a lot to lose as an individual.
“Fighting Hard” is not always the right answer. The best attorneys understand when a more strategic approach can be more effective.
It’s not unusual for people to ask for a referral from a friend or family member when choosing a lawyer. Most of the time, that referral turns out to be a civil attorney. The attorney may be trustworthy, competent, and a really great person, but they won’t know their way around criminal law like someone who specializes in it.
Believe it or not, when laws are written, sometimes something as small as a comma, or using the word “and” instead of “or” can completely change the meaning of the law.
A competent, experienced criminal defense attorney will know this. They’ll use it to their client’s advantage.
