A criminal defense attorney is a lawyer dedicated in the legal defense of companies and/ or individuals charged with criminal demeanor and or in offense of a state or federal statute. He or she may be permanently employed under various jurisdictions in criminal courts to help individuals or companies who are facing legal problems. A criminal defense lawyer may also be called a public defender when he or she legally represents a person charged with an offense but cannot afford a private attorney due to financial constraints.
In such cases, public defenders can provide legal counsel to people being paid by set aside state funds to pay for the lawyers time, pro bono, or for free. Each jurisdiction has a different set of legal practices and practices from their state laws which every good criminal defense attorney should know about.
Consent decrees for representation are different from state to state. Some places use a rotating appointment system with judges choosing a private practice lawyer for each particular case. Let us go in detail with the state laws of Michigan. A metro Detroit lawyer must meet certain training and seminar attence requirements to represent indigent defendants as an appointed private practitioner. In the same way, appointed lawyers must meet certain other experience, peer and judge approval to handle matters of serious criminal defense cases.
In the US in general, criminal defense attorneys deal with issues routinely surrounding the Fourth, Fifth and Sixth Amendments.
The US law consists of many different levels- for one, the Fourth Amendment guards against unreasonable seizures and searches.
The Fifth Amendment on the other hand protects individuals and organizations against government authority abuse in legal procedures.
The Sixth deals with right to trial, confrontation and due process issues. A criminal defense lawyer must be very knowledgeable in all constitutional and statutory laws, and particularly motion practice and trial procedure.
Criminal defendants in the US are presumed innocent until proven otherwise. An essential element in proving the guilt of a person beyond reasonable doubt, is the prosecutor proving each and every element of the offenses charged. This is the legal burden of truth.
Needless to say, a criminal defense attorney must actively fight and tirelessly advocate for their clients cause in all stages of criminal process.
A criminal defense lawyer in Michigan may be employed in a public or private firm. Some of these lawyers who are fresh out of law school attain quick courtroom experience by defending individuals and/ or organizations for free or with the local public defenders office. Nevertheless the criminal defense lawyer in the capacity of pro bono, public defender, assigned counsel or retained as private counsel must represent his or her client zealously-no exceptions the constitution demands it and the ethical canons require it!
So if you are facing or being accused of a crime, no matter of how minor or serious, it is always best to consult a criminal defense lawyer right away. Call Attorney Ray Richards at 313-694-8400 for a free consultation!