Law & Legal & Attorney Criminal Law & procedure

Criminal defense:Role of criminal lawyer

Civil law and criminal law are different. In civil law, dispute between individuals and organizations are dealt with. But in criminal law is the law relating to crime. It comes into picture, when there is harm to the welfare of public or society. Breach of contract, injunction, tort and other personal injuries are civil crimes. Tort simply means civil wrong. Offenses like riot, kidnapping, manslaughter, sexual assault, threat to kill come under the category of criminal offense.

An act done with the guilty intention makes a guilty act. In latin language, there is a maxim in connection with this. 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 it is the criminal defense that comes into the picture.

Hiring a criminal lawyer is beneficial, indeed. A skilled criminal lawyer is experienced and knowledgeable. Which is why he is aware about the system and how things work in the court room. He must have a thorough knowledge of law. He makes it possible for the client to stop worrying over the matter. It is the duty of such a lawyer to keep him up-to-date with change in laws and legislation. He needs to devote his minimum time in keeping himself abreast of changes. Having worked on many cases before allows criminal lawyer to understand and build a connection with the people in the court. Hence, he can be comfortable in the court while putting forth what he has to say.

A criminal defense lawyer is the professional who represents his client, who is being accused of a crime. 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 success of a lawyer, in this case, depends upon whether his client is proved to be innocent or not. It is not at all necessary that the relevant parties have to settle the matter in the court itself. They can also settle it outside, provided accepted by 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. The newly graduate should not be considered to be a representative in this matters. Giving an opportunity to a lawyer, whose track record indicates history of loss is certainly not a good idea. Having long communication with the lawyer to be selected enables the client to understand his potential and capability even more. A lawyer should discuss the strategy of the case to the client openly. Further, he should keep his client updated regarding the trial and outcome of the case. The other factor that matters is fees charged by them. Some charge very heavy amount. In that case, other options have to be explored.

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