Criminal defense:Role of criminal lawyer
Written by Mario Cora
Civil law differs from criminal law. In former one, disputes among individuals and organizations are dealt with. The law relating to crime is criminal law. It comes into picture, when there is harm to the welfare of public or society. Examples of civil crimes are breach of contract, injunction, tort and other personal injuries. Tort itself means civil wrong. Offenses like riot, kidnapping, manslaughter, sexual assault, threat to kill come under the category of criminal offense.
An act becomes a guilty act, provided it is done with the guilty intention. In the latin language, there is a maxim that brings a light on this line. It is nothing but 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. A criminal lawyer is hired by the accused. Now the criminal defense comes into the play.
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. He has to update himself with the changes in laws and legislation. He needs to devote some time to keep himself abreast of all developments. Having worked on many cases allows him to know court personnel very well. He may even have built a rapport with some of them. Hence, he can be comfortable in the court while putting forth what he has to say.
When a person is accused of a crime, he approaches a professional criminal lawyer, who represents him in the court of law. It is the job of that person to defend his client in the court of law and save him from being proved as guilty. The lawyer is successful, no doubt, if the client he is defending 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 you need to take into account before choosing a particular person to be your representative in the court of law. Most essential 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. When an appointment is set with the lawyer, it is very important to have a proper communication with him and discuss matters thoroughly. This will enable the client to understand the potential of the lawyer even more. A lawyer is bound to keep his client updated and let him know the dates of the trial and outcome so far. He should discuss the strategy to be used in the court, before implementing the same. There are some lawyers or firms that charge huge fees. In that case, other should be considered.
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