Criminal lawyers specialise to represent persons charged with criminal offences, starting from minor issues to higher crimes. They also investigate, gather evidence, interview witnesses, and negotiate. Criminal lawyers also help clients with detention, trial, and even post-trial appeal.

In this blog, get to know everything about what criminal lawyers do. Their roles start from defending the accused to representing clients in court. We will break down various types of criminal lawyers, explain when you should hire one, and offer tips on how to choose the best lawyer for your case. We’ll also debunk a few myths surrounding criminal lawyers and answer some frequently asked questions to give you a better understanding of what you’re getting yourself into when working with a criminal lawyer.

Overview of Criminal Law

Criminal law in India outlines the offences and their respective punishments. The law, therefore, perpetuates order, protects society, and guarantees justice for the offended party. It is for this reason that criminal offenses are regulated by the Indian Penal Code, otherwise known as BNS (Bharatiya Nyaya Sanhita). There are numerous crimes therein, such as murder, theft, assault, or fraud. It is worth noting that each offence attracts a different penalty, as stipulated by the IPC.

Components of criminal law in India include

• Criminal offences: Crimes against the person include murder and assault. Crimes against property include theft and robbery. Crimes against public tranquillity include rioting and unlawful assembly. Other offences are forgery and corruption.
• Criminal procedure: It deals with inquiries, arrest, trial, and the judgement of criminal cases. It protects the rights of the accused. It also safeguards the rights of the victim at every stage.
• Criminal penalties: These may be a fine or imprisonment depending upon the nature of the crime. For some extreme crimes, death may also be pronounced as punishment.

Importance of Legal Representation in Criminal Cases

Legal representation is essential in criminal cases. An experienced attorney can help in the following ways:

• Lawyers ensure the rights of the accused are observed in court. Some of the rights involve a fair trial, the right to remain silent, and access to counsel. 
• Attorneys gather evidence and interrogate various witnesses to build a solid defense for the accused. They will develop a strategy to defend the accused against the criminal charges. 
• Lawyers may plea bargain with the prosecution. As a result, the accused may face a reduced charge, and possibly a sentence, is lessened.
• Lawyers represent the accused in court. They plead for the accused during trials; they present evidence and arguments for the protection of the legal body to convince the judge or jury.
• Attorneys guide their litigants through a process of legal proceedings and help them gain the rights of the accused plus all possible options.

Who is a Criminal Lawyer?

 A criminal defence lawyer is a lawyer-specialising in the defence of individuals and companies charged with criminal activity-who are, primarily barristers. Some criminal defence lawyers are retained privately while others are appointed by the many jurisdictions with criminal courts to represent indigent persons; the latter are generally called public defenders. 

Types of Criminal Lawyers

 There are three main types of criminal lawyers. These include both prosecuting attorneys and defense attorneys:

• Prosecuting attorneys: Also known as district attorneys, this is the lawyer who defends the government against the accused in crime.
• Defense attorneys: They are usually lawyers representing the defendant accused of the crime.
• Criminal immigration lawyers: They represent foreign nationals charged with crime by attacking immigration consequences.

There are several types of lawyers working in specific areas of criminal law, as follows: 

• They address all sorts of criminal cases. These may be minor offences or serious felonies 
• It focuses on financial fraud and embezzlement. Other types of business-related crimes are also in the category of white-collar crime 
• Clients charged with possession of drugs fall under the purview of drug crimes. Handling cases of trafficking and manufacturing drugs are also included within this category  
• Crimes that handle assault and murder fall under the purview of violent crimes. Other violent offences also come in this category 
• Handling cases of persons charged with sexual assault come within the purview of sex crimes. This caters to the handling of rape cases and other related offenses of this type.

Defense Lawyers vs. Prosecutors

• Defense lawyers are lawyers who represent a person who is accused of a crime. Their role is basically protective in nature, upholding the rights of their client. They ensure justice is served fairly. The lawyers use various techniques. Some of these include the dismissal of proofs produced by the prosecution. Others are negotiating plea bargains.
• Prosecutors are the representatives of the government in criminal cases. Their responsibility is to prove that, beyond a reasonable doubt, the accused is guilty. They gather evidence, interview witnesses, and present the case before the court.

Private Attorneys vs. Public Defenders

These lawyers can be hired by a person who can afford legal representation. They do not have much restriction in their work. Moreover, they can also demand high fee charges.

Public defenders are lawyers whom the government appoints. They have the role of representing individuals who are not in a position to hire a private lawyer. They are mostly overworked and under-resourced.

Criminal lawyers can probably be classified as one of the most significant components of the legal system. They ensure that each accused offender is granted proper legal advice and a fair trial.

Responsibilities of a Criminal Lawyer

Criminal lawyers play a vital role in defending the rights of their clients at every stage of the legal process. Their key duties include:

• Legal Defense: A criminal lawyer defends clients who have been accused of crimes. They represent these clients in court 
• Investigation into Cases: The lawyer collects evidence that can relate to the case in question. They also interview the witnesses who may be having useful information 
• Legal Research: The lawyer studies laws and legal precedence. They also analyse past cases to develop their case 
• Plea Bargaining: A lawyer negotiates with prosecutors and offers some deals to a client. They advise clients whether or not to plead such a plea 
• Courtroom Representation: In court, the lawyer presents evidence in support of his case. Cross-examines witnesses on issues that contradict their testimony. They also make opening and closing statements 
• Post-Trial Compliance: After a verdict has been delivered during the trial, the attorney may file appeals if the client is convicted. He or she may also assist in the expunging of records to reflect out the conviction from the public record.

When Should You Hire a Criminal Lawyer?

Hiring a criminal lawyer at the right time is critical to protecting your rights and securing the best outcome in your case. Here are four scenarios where you can hire a criminal lawyer:

• Arrest or Charges:  Hire an attorney immediately when you are arrested or charged. Early access to an attorney makes a very significant difference to your case.
• Investigations: A lawyer can protect your rights during investigations. They ensure that any evidence obtained is handled properly, and you are not treated shabbily.
• Court Appearances: It is normally safer to allow a lawyer to represent you in the courts than to represent yourself. You see, a lawyer is better positioned in the legal system than you are and can present your case in a better way.
• Appeals: If found guilty, an attorney can advise on how to appeal the case. They will look to overturn the judgement or reduce the sentence given.

How to Choose the Right Criminal Lawyer?

Choosing the right criminal lawyer can make a significant difference in the outcome of your case, so it’s important to evaluate key factors.  Here are five things to consider when choosing the right lawyer: 

• Experience and Specialisation: When selecting a lawyer, always target one who has experience in criminal law. From there, look for a lawyer who specialises in the specific crime or offence for which you are being charged.
• Reputation and Success Rate: Research the reputation and past record of success for the lawyer. Use reviews and past case outcomes to estimate their success rate.
• Communication and Availability: Select a lawyer who is approachable and accessible to reach you immediately. He should be communicative too.
• Legal Costs: Understand the attorney fee structure. Discuss fee arrangements upfront to avoid surprises.
• Personal Comfort and Trust: Choose an attorney whom you are comfortable with. Trust your attorney to handle your case effectively and professionally.

Common Myths About Criminal Lawyers

Public Defenders vs. Private Attorneys Myths

Myth: Public defenders are incompetent compared to private attorneys. 

Reality: Public defenders, in many cases, are very well trained and experienced. Compared to private attorneys, public defenders are able to present strong quality case representations despite greater workloads and go by the same code of ethics as private attorneys.

Myth: Public defenders only want plea deals. 

Reality: Public defenders will aggressively represent clients and take the case to trial if necessary. They look for the best result for their client.

High Costs Myths

Myth: Hiring a criminal defence attorney will be expensive. 

Reality: You will pay more in some cases, depending on the attorney and case. There are public defenders and legal aid resources in addition to payment plans for those of limited financial means.

Myth: Criminal attorneys only defend and represent criminal cases that they believe they can win.

Reality: Criminal attorneys must defend and represent all clients, regardless of innocence or guilt. They ensure that every client gets a fair trial and a defence.

Guilty Clients Myths

Myth: Criminal attorneys only defend the guilty. 

Reality: Lawyers defend those accused of crimes—not because anyone likes to presume innocence but to ensure fair trials and protect rights.

Myth: Criminal lawyers supported their clients in criminal activities.

Reality: Lawyers never support their clients in criminal activities. They strictly depend on the defence and represent their clients without blaming them for their character.

Conclusion

Criminal Lawyers  play an important role in the defence of a case accused of crimes. These lawyers  also look to provide justice by helping their clients get a fair trial and deal with appeals and post-trial matters. If you are accused of a crime, then let a lawyer assist you. He will be the one who can change everything about your case. The consultation of a criminal lawyer guarantees protecting your rights and ensures a good defence.  

Zolvit Criminal Lawyers are really prominent. Our lawyers here are approachable and give personal attention. By choosing Zolvit, you’re choosing a dedicated advocate who will fight for your rights and accompany you every step of the way in the legal process.

FAQs for What Do Criminal Lawyers Do

Related Blogs:

• Role of a Criminal Lawyer in Protecting Your Rights
• Know Your Rights in the Criminal Justice System
• How Criminal Lawyers Defend Against Common Criminal Charges