A criminal law attorney assists people and organizations who are involved in crimes. Criminal law is different from civil law. A civil suit involves monetary compensation. Criminal cases typically involve more serious offenses, and they may involve actual jail time. Public defenders are employed by the government to give every citizen the right to an attorney. Many private criminal defense lawyers charge higher fees because they’re more reputable and experienced.
Table of Contents
Drug Defense
Drug charges are criminal charges, so criminal law attorneys will help defendants with these cases. There are many possible defenses for a drug possession charge. The defendant may actually have a valid prescription for the drug, or the amount found on the defendant may not meet the minimum requirements for an arrest. The police need to have reasonable suspicion to question someone about a crime. If drugs are seized through illegal means by the police, then the entire case could be thrown out. Laws also vary by country. If you were seeking a strafrech anwalt in Germany, you would need to consult an attorney in that region. An example would be police breaking into a home to seize drugs without a search warrant. Criminal defense lawyers typically look at the entire case to determine the best possible defense for the defendant. A person may have a completely valid defense, but the lawyer may still suggest negotiating a plea deal because the risk of losing the case is still relatively high.
DUI Defense
A DUI may not seem like a serious offense to some people, but most people who are charged will spend at least one night in jail. Criminal defense lawyers may be able to get a DUI dismissed, but it depends entirely on the nature of the crime. A lawyer may be able to successfully argue that a mistake was made during the arrest that invalidates the evidence presented. Criminal defense attorneys are frequently necessary because the laws are fairly complicated. Sometimes these lawyers have to work within the gray areas of the law to present their defendant’s case to the judge. DUI laws may vary based on the state and county you are in, so it’s important for the criminal defense lawyer to know how to mount a defense in a specific geographic region.
Property Crimes
Property theft, burglary and grand theft auto cases are all handled by criminal law attorneys. Property theft sentencing is usually determined by the value of the property stolen. Some federal laws govern theft of public property. Some lawyers may argue a crime was necessary because the defendant’s life was in danger. One could also argue that a theft was simply a misunderstanding or mistake. Lawyers may also negotiate plea deals with the prosecutor.
Inchoate Crimes
These types of crimes are attempted by the defendant, but the actual act is not carried out. A person cannot be charged with an actual crime and an inchoate crime. A defendant can’t be charged with assault and attempted assault. Inchoate crimes usually carry less harsh sentences, but they are still very serious offenses. A skilled criminal defense lawyer may be able to prove the defendant’s intent was different from what the prosecution is claiming. Proving intent is extremely important to the prosecution because it is the fundamental piece of evidence for this type of crime.