This article helps the reader understand the difference between the civil and criminal law. Further, a person is able to understand the distinction between the civil offense and criminal offense. This article very well explains why a criminal lawyer is needed and what can he do. Moreover, it also explains what is the criteria that should be thought of before selecting the right criminal defense lawyer. Reading this will surely erase some doubts in the mind of the reader, for sure. There is a difference between civil law and criminal law. 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 the picture, when the welfare of public and society is endangered. Examples of civil crimes are breach of contract, injunction, tort and other personal injuries. The meaning of a tort is a civil wrong. Whereas criminal offense comprises of kidnapping, riot, threatening to kill, sexual assault, manslaughter etc.
An act does not constitute a guilt unless done with the guilty intent. In latin language, there is a maxim in connection with this. It says actus non facit reum nisi mens sit rea. When a crime is committed, law enforcement authorities collect evidence on the same. Then the person is arrested. The person arrested has a right to remain silent. Anything he says might be used against him in a court of law. An accused hires a criminal lawyer. Now the criminal defense comes into the picture.
Hiring a criminal lawyer is beneficial, indeed. Because of the knowledge, experience, and expertise of many years, a criminal lawyer is fully aware about how things function in the court. He knows the system. He must have a thorough knowledge of law. 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 allows him to know court personnel very well. He may even have built a rapport with some of them. 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 a court of law. A professional lawyer makes sure that his client is not being proved to be guilty in a 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 a mandatory requirement for both the parties involved in the case to settle it in a court of law. The option of settling outside is available, provided allowed by the jury. There should exist an agreement in this context.
There are many things that have to be considered before appointing a good criminal lawyer. The topmost of all is the experience of the lawyer in handling such cases. It is common sense that the newly graduate should not be selected for representing the case. Also, if a lawyer has a track record of losing, he would be taken into consideration for this. Having long communication with the lawyer to be selected enables the client to understand his potential and capability 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 options have to be explored.
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