Have criminal charges? Two very different legal experts are coming your way. One is eager to convict you. The other desires to defend you. Knowing the difference can save your freedom.
What Does a Defense Attorney Do?
A defense lawyer defends your case. They strive to defend your rights and prevent you from being sent to prison. This attorney is your defense when the police arrest you.
Your defence counsel will:
- Contest the evidence against you
- Identify weak spots in the prosecutor’s case
- Broke the plea deals
- Represent you before a court of law
- Defend your rights under interrogation
Defense lawyers defend the rights of accused people, whereas prosecutors represent the State. This forms a fundamental conflict, which secures your rights.
What Does a Prosecutor Do?
A prosecutor is on the side of either the State or federal government, and all they need to do is prove your guilt. They are not working on your behalf. They are state employees.
Prosecutors will:
- Send in evidence against you
- Interview witnesses
- Determine which charges to file
- Bring the case to the court
- Demand capital and the heaviest sentences
The primary role of the prosecutor is to prosecute the criminal offense for which the defendant is charged. Their sole purpose is to win their case against you.
Key Differences You Need to Know
Who They Work For
- Defense Attorney: Works under you (paid by you or by the court)
- Prosecutor: Government jobs (paid by taxpayers)
Their Goal
- Defense Attorney: Get you out of prison
- Prosecutor: Plunge you into prison
Resources Available
Federal prosecutors tend to be more specialized and have more resources available to them in comparison with state prosecutors. This implies that prosecutors usually possess more funds, personnel, and resources compared to your defense lawyer.
Case Types
The prosecutor is only concerned with criminal cases. A criminal defense attorney is given the choice of being involved in criminal or civil matters. Defense attorneys are more exposed to various legal issues.
When Do You Need a Defense Attorney?
You require a defense lawyer when you are arrested or you are accused of wrongdoing. Don’t wait. Never talk to the police unless you have one.
Take a defense attorney in case of:
- Felony charges
- Misdemeanor charges
- DUI/DWI
- Drug charges
- Assault charges
- Theft charges
- Any criminal investigation
Warning: Whatever you say to the police can be used against you. This is prevented by your defense attorney.
When Does a Prosecutor Get Involved?
You do not have a choice in what part you work with a prosecutor. They prefer to go against you. Prosecutors argue the case of the government in court, as well as determine whether to press charges or not against an individual.
The following aspects occur when prosecutors are involved:
- You are arrested by the police
- A complaint is filed by someone.
- They feel that you have violated the law
- You are charged by a grand jury
How Much Do They Cost?
Defense Attorney Costs:
- Private attorneys: $150-$500+ per hour
- Court-appointed: Free (if you qualify)
- Flat fees: $1,000-$10,000+ depending on charges
Prosecutor Costs:
- You don’t pay prosecutors directly
- A prosecutor has an average salary of $68,988
- Funded by tax dollars
A defense lawyer earns much more (far more than a prosecutor) since, in private practice, attorneys can bill at will. The lowest annual pay of a prosecuting attorney is $ 51,100, followed by the $50,400 average annual pay of public defenders as opposed to regular lawyers in the private defense who have a lower salary of $118,660.
Public Defender vs Private Defense Attorney
Can not afford a private lawyer? You may have a public defender. They are the government-paid defense lawyers who defend poor defendants.
Public Defender:
- No cost when you qualify
- Bulky caseload (less time with your case)
- Familiar with criminal law
- Is familiar with the local judges and courts.
Private Defense Attorney:
- You pay their fees
- Additional time in your case
- Select your attorney
- More resources often mean better
Red Flags: When You Definitely Need Help
Contact a defense attorney at once when:
- Police are keen to interrogate you
- You’re arrested
- You are accused of a crime by someone
- A court summons is issued to you
- You are contacted by Federal agents
- You are being investigated
Do not attempt to fight criminal charges by yourself. A defense lawyer can also act on behalf of their clients, representing them in civil cases, giving them a better and more personal insight into the human at the center of the case.
How to Choose the Right Defense Attorney
Look for:
- Previous exposure to your kind of case
- Reputation in the local courts
- Transparent charges
- Picks up your phone promptly
- Describes things in a common language
Avoid:
- Attorneys who ensure certain results
- Those who will not state their strategy
- Lawyers who appear overworked to work on your case
- Anybody who demands high down payments without a reason
The Bottom Line
Defense attorneys and prosecutors are not identical. One attempts to find you guilty. The other attempts to defend you. When somebody threatens to take your freedom, someone must stand on your side. Understanding Criminal Defense Lawyer Fees: What to Expect and How to Budget
Never discuss a case with a prosecutor without a defense lawyer. Even when they act kind, they are not your friend. Their task is to build a case against you.
The legal shield is your defense attorney. They are aware of the methods of arguing with evidence, bartering with prosecutors, and defending their rights. This may be the most significant relationship you’ve ever had in the legal system. How to Choose the Best Criminal Lawyer: Finding the Right Defense Attorney
Looking to hire a defense lawyer? Begin to start searching now. It is all about the correct legal representative on your side to help you get your freedom.
