Types of Defense Attorneys

The basic definition of a “defense attorney” is a lawyer who specializes in protecting the rights of accused persons in court; they “defend” individuals or entities who need help presenting their case fairly and effectively. Within the title of “defense attorney” are even further specializations that can benefit specific circumstances or cases.

Criminal Defense Attorney

In a criminal case, a prosecutor for the federal or state government charges a defendant with a crime. The accused persons are legally entitled to representation from a professional defense attorney for the entirety of the court process. This attorney collects, analyzes, and presents the facts of the case and questions the application or qualification of the laws being “breached” (as accused by the prosecution). Defense attorneys are also counselors to the defendant as to what plea will be most beneficial, and acts as a negotiator for the bargains of the plea. Criminal defense attorneys usually work within a private practice, meaning the defender seeks out and hires them specifically.

Public Defender

If a defendant does not have the financial capabilities or the connections to a private practice lawyer, they are assigned a public defender. These attorneys are employed by the government on local, state, and even federal levels, as the case requires. A public defender is, just like a private defender, required to work entirely for the benefit and best interest of the accused defendant. Because of the nature of their position, providing legal aid to a wide audience of defendants who cannot afford private help, their caseloads are often much larger than a private attorney’s, meaning their time and focus must be spread over a number of cases at any given time. Still, they can provide a wealth of experience and even niched expertise, much like private attorneys.

Civil Defense Attorney

If a lawsuit does not charge an individual with a criminal offense (as in, a breach of the law), the case is called a “civil litigation”. This means that a plaintiff has filed a complaint against a defendant—person, business, or agency—and is demanding recompense. These most often occur with situations between relationships or contracts. Civil defense attorneys specialize in these kinds of cases. The main difference between civil and criminal cases is the fact that the defendant has the right to be represented by a defense attorney, but the government will not appoint one if the defendant cannot afford one.

Dave Clark Law offers the specialized defense that you need to get the most in your legal case. Find out what specialized case services they can offer you, here on their blog.