Contact CBJ

What is a Criminal Defense Attorney and When Do You Need One?

By Karen Janowitz, California Business Journal

There were 1.23 million violent crimes committed in the US during 2022, 942k motor vehicle thefts, 899k burglaries, and 893k aggravated assaults. A criminal defense attorney is a lawyer who represents individuals and entities facing criminal charges or under criminal investigation. There are more than 252,159 criminal defense attorneys in the US. Their job is to advocate for the best legal outcome for their client.

Here are some key things to know about criminal defense attorneys and when you may need to hire one.

The Role of a Criminal Defense Attorney

Phoenix criminal defense attorneys

play a vital role for their clients. Some of the services they will do for you include:

Advise clients on legal rights – A criminal defense attorney will explain a client’s legal rights, like the right to avoid self-incrimination and the presumption of innocence until proven guilty. They’ll advise the client on how to invoke these rights.
Investigate the case – Criminal defense attorneys thoroughly examine police reports, evidence, witness statements, and other information to build the strongest defense. This can include hiring private investigators.
Negotiate with prosecutors – Criminal lawyers negotiate with prosecutors to potentially get charges reduced or dismissed through plea bargains or other agreements.
Represent clients in court – There were 71,954 defendants in federal criminal cases in 2022, but only 97.7% went to trial. The majority pleaded guilty or had their case dismissed. At trials, hearings, and other court proceedings, criminal defense attorneys make arguments on their client’s behalf and examine witnesses.

When You May Need a Criminal Defense Lawyer

Hopefully, you won’t need a lawyer, but if you do, it is likely for the following reasons:

You’ve been arrested – If you’re arrested, criminal lawyers can help protect your rights from the moment you’re taken into police custody. They can work to get you released on bail.
You’re under investigation – Even if you haven’t been arrested yet, you can hire a criminal defense attorney if you know you’re under investigation. They can negotiate with police and prosecutors.
You’ve been charged with a crime – Criminal defense lawyers represent those who have been formally charged with crimes by prosecutors. Charges can range from minor misdemeanors to serious felonies.
You’re facing a parole or probation violation – Those accused of violating parole or probation conditions can hire criminal defense attorneys to advocate for them at revocation hearings.
To expunge criminal records – Criminal lawyers can sometimes help with record expungement for crimes that have been dismissed, pardoned, or expunged.

Having an experienced criminal defense lawyer in your corner can make all the difference in criminal proceedings where your reputation, freedom, and future are at stake.

How Criminal Defense Attorneys Defend Clients

Criminal defense lawyers use a variety of legal strategies and defenses to advocate for their clients. Some of the main techniques they may use include challenging the evidence and eyewitness testimony through cross-examination, filing motions to suppress evidence that was obtained illegally in violation of a defendant’s constitutional rights, and invoking the exclusionary rule to block illegally obtained evidence from being used at trial.

The Importance of a Skilled Criminal Defense

Having an assertive criminal lawyer fighting on your behalf can help tip the scales of justice in your favor. An effective defense lawyer thoroughly prepares your case, protects your rights, examines the evidence, questions witnesses, and presents the strongest arguments to create reasonable doubt about your guilt. This provides the best chance at achieving the most favorable outcome given the circumstances.