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All About The Criminal Defense And The Criminal Lawyer

admin, · Categories: Criminal Law

Civil law and criminal law are different. As far as the former is
concerned, disputes between individuals and organizations are dealt
with. But in criminal law is the law relating to crime. Criminal law
comes into picture, when welfare of public and society is endangered.
Breach of contract, injunction, tort and other personal injuries are
civil crimes. Tort simply means civil wrong. Offenses like riot,
kidnapping, manslaughter, sexual assault, threat to kill come under the
category of criminal offense.

An act done with the guilty intention makes a guilty
act. In the latin language, there is a maxim that brings a light on this
line. It is nothing but actus non facit reum nisi mens sit rea. When
the crime is committed, evidence are collected. Then the suspect is
arrested on the basis of evidence collected. When arrested, the accused
has the right to remain silent as anything said by him might be used
against him in the court of law. A criminal lawyer is hired by the
accused. Now the criminal defense comes into the picture.

There
are many advantages of hiring him. A skilled criminal lawyer is
experienced and knowledgeable. Which is why he is aware about the system
and how things work in the court room. He is required to have in-depth
knowledge of laws and legislation. He makes sure that his client does
not have to worry. He has to update himself with the changes in laws and
legislation. He needs to devote some time to keep himself abreast of
all developments. Having worked on many cases before allows criminal
lawyer to understand and build a connection with the people in the
court. Because of which, he can put forth his case in more comfortable
manner.

When
a person is accused of a crime, he approaches a professional criminal
lawyer, who represents him in the court of law. A professional lawyer
makes sure that his client is not being proved to be guilty in the court
of law by defending him in the best possible way he can. The success of
a lawyer, in this case, depends upon whether his client is proved to be
innocent or not. It is not at all necessary that the relevant parties
have to settle the matter in the court itself. They can also settle it
outside, provided accepted by jury. There should exist an agreement in
this context.

There are number of things that need to be taken
into consideration, before appointing a particular person to be your
representative in the court. The topmost of all is the experience of the
lawyer in handling such cases. It is a common sense that the newly
graduate should not be selected for representing the case. Giving an
opportunity to a lawyer, whose track record indicates history of loss is
certainly not a good idea. When an appointment is set with the lawyer,
it is very important to have a proper communication with him and discuss
matters thoroughly. This will enable the client to understand the
potential of the lawyer even more. A lawyer should discuss the strategy
of the case to the client openly. Further, he should keep his client
updated regarding the trial and outcome of the case. There are some
lawyers or firms that charge huge fees. In that case, other should be
considered.