When individuals or businesses are brought in front of a court in the form of a defendant, then there is a risk of a decision against them. The criminal cases, as a result of the decision, jail time and fines can occur. In civil matters, the respondent may need to give money to the verdict. That In both criminal and civil cases, representing the defendants in the court is the work of the defense lawyer. Although a defense lawyer can represent criminals or civil defendants, in practice, defendants’ attorneys usually represent only one type of defendant.
Criminal case basics
A criminal case begins with registering a complaint by state or federal government prosecutor who charges a criminal offense. State prosecutors are usually district attorneys who are elected by county voters and federal prosecutors are American lawyers employed by the Justice Department. The defendant is entitled to represent himself by an attorney in every stage of the case to defend himself against charges. The attorney representing the defendant examines the facts and laws related to allegations and advises the defendant how to request, any argument presented by the prosecutor talks on the negotiation and if necessary, the defendant Represents.
Private vs Public Defenders
Criminal defense advocates, usually hired by a defense party, are usually in a private practice. Unable to pay for personal counsel, the defendant is represented by public defenders – criminal defense lawyers employed by the government. Public defenders for state criminal cases are usually employed by the county government where the case is filed. For defendants in federal affairs, public defenders are employed by the federal government. Even if a defendant has a personal lawyer or public guardian, the lawyer is obliged to work fully for the defendant’s best interests.
Civil Litigation Basics
The lawsuits that do not include criminal charges are usually referred to as civil litigation. In general, civil litigation begins when a plaintiff registers a complaint in court against the defendant. A plaintiff or respondent may be a person, a business entity – such as a corporation or LLC – or a government agency. In most cases, the plaintiff is suing the defendant for money. In other cases, the plaintiff may ask the court to make an injunction – that is, an order which prevents the defendant from engaging in some activity. The defendant involved in civil litigation has the right to represent each lawyer in each stage of the case; However, in the criminal case, unlike respondent, the government does not appoint an attorney for the respondent if he can not afford a rent.
Special civil defense attorney
Many private lawyers involved in civil litigation have the experience of representing both the plaintiff and the defendant. This is especially true for civil litigation, which includes business disputes, such as contravention of contracts.
However, some lawyers are experts in representing defendants in civil matters – usually referred to as insurance defense lawyers.
In order to represent an insured person or business by an insurance company, defense lawyers are hired by an insurance company, who file lawsuits in civil court on the claim covered by an insurance accident such as insurance policy. Because insurance companies should regularly appoint lawyers for this purpose, they prefer to appoint lawyers who are experts in insurance law and represent defenders in civil matters.