Types Of Criminal Lawyers: Legal Roles And Best Choice For You

Types Of Criminal Lawyers

In Australia, criminal lawyers can fall under two categories: defence lawyers and prosecution lawyers.

Defence lawyers provide legal counsel, defend the rights of the accused, and collaborate with both public and private defenders. They are also responsible for:

• Interviewing clients and their witnesses.
• Gathering evidence.
• Determining strategies that would be admissible in court.
• Negotiating plea bargains and verdicts.
• May practice in areas such as criminal and white-collar issues.

A prosecution attorney, on the other hand, is known for:

• Representing the government on criminal matters and focusing on prosecuting the accuser. Work on preparing and gathering evidence and presenting it in court.
• Negotiating plea bargains and sentencing agreements. Their focus area would be white-collar crimes, criminal offences, and drug trafficking matters.

It is important to understand the differences between a prosecutor and a defence lawyer.

• A prosecutor focuses on the public interest, whether federal or provincial. The government hires them to prosecute individuals they suspect of being guilty.
• A defence lawyer focuses on representing their client, who is the accuser of misconduct. Their primary objective is to protect their client’s right to self-defence and to contest the prosecutor’s case.

Let’s examine how prosecutors and defence teams specialise in their respective roles.

• Prosecutors may focus on serious crimes such as manslaughter, murder, and fraudulent activities. They should have strong advocacy skills in preparation and courtroom experiences and be able to work with the police and other law enforcement agencies. They focus on cases related to violence and environmental issues and work with matters linked with policies and strategies.
• The defence lawyer concentrates on the accused and requires expertise in evidence preparation and robust courtroom experience. Their focus is on mental health defence, immigration issues, and other policy and advocacy roles.

What Do Different Types Of Criminal Lawyers Deal With?

States and territories determine criminal law in Australia. However, federal courts would try crimes like fraud or sexual misconduct. Therefore, criminal lawyers are known as either defence lawyers or prosecutors.

Defence lawyers focus on defending their clients and making sure that their legal rights and representation are upheld within the system. They handle a myriad of cases that could range from:

• Violent offences such as assault, murder, or robbery.
• Drug offences such as possession, trafficking, and even the cultivation of substances.
• Sex offences such as sexual abuse and child abuse.
• Property crimes such as theft, robbery, or murder.
• White-collar crimes such as corporate fraud, bribery, and embezzlement.

Prosecutors, on the other hand, represent the government to prosecute the individual who has been accused of the crime. They represent either the state or territory and work to prove that the accused is guilty of the crime. Their focus areas are drug-related crimes, violent offences, property crimes, sex offences, and white-collar crimes. They may also focus on other cases such as financial, cybercrime, and organised crime prosecution.

However, some criminal lawyers may focus on issues such as cases linked with financial fraud, embezzlement, bribery, and corporate fraud.

What Does A Criminal Lawyer Do And What Are The Subtypes?

A criminal lawyer or defence lawyer plays a huge role in the criminal justice system. The primary goal is to defend individuals facing criminal charges and guarantee their right to legal representation in court. This ensures a fair opportunity for everyone to defend their rights and receive representation. It is also important to understand what does a criminal defence counsel do. The rights of clients are protected through means of:

• Gathering evidence for investigation.
• Being informed of their legal rights and outcomes.
• Preparing and presenting documents in court.
• Discussing with the prosecutor for a favourable verdict or obtaining a reduction in charges.
• Representing the client during sentencing, trial, and appeals.

There are subtypes of criminal lawyers in Australia, such as:

• Trial lawyers: represent individuals during their criminal proceedings, presenting the evidence, representing witnesses, and providing opening and closing arguments.
• Appellate lawyers: handles appeals of convictions and sentencing. They present this case before higher courts, such as the High Court of Australia. This is mainly done to challenge verdicts or sentences.
• Public defenders are employed by the government or other non-profit organizations. They represent clients who are unable to afford counsel. This helps provide justice for those who are unable to do so.

Criminal lawyers and prosecutors have an important role to play in the judicial system.

• Adversarial system: The prosecutor and the defence lawyer will present their case against each other in court. Both of these lawyers will need to be qualified and skilled to provide their defence. This is to ensure that both the individual and the justice system present their respective cases to determine the appropriate verdict.
• Checks and balances: This is important so that the court of law is seen as fair and just. Defence lawyers fight for the rights of their clients, whereas the prosecutor fights for the state’s rights and interests.
• Justice administration: Both lawyers work towards the administrative side of justice. They focus on helping resolve the case fairly and efficiently. This is so that the accused gets a fair trial by being represented by a defence lawyer. They work to publicly uphold the law.

Criminal Law Group has the experience to offer free initial consultations for those facing criminal charges. This is a chance to speak with our experienced lawyers and to receive legal advice. The experienced lawyers will help you understand and navigate through the complexities of the justice system. You can also learn how to prepare for consultation at a criminal law firm.

How Do Trial Lawyers And Criminal Lawyers Differ?

Trial lawyers and criminal lawyers are normally used synonymously. However, both of these lawyers have their own set of expertise, responsibilities, and focus areas.

Criminal lawyers, defence lawyers, or public lawyers specialise in defending individuals accused of criminal acts. The focus is to defend clients against criminal charges so that their rights are advocated and protected. Criminal lawyers focus on:

• Representing clients on criminal proceedings, bail applications, plea negotiations, and trials.
• Investigate the case by gathering evidence and witnesses.
• Inform the clients about options related to pleas and sentencing.
• Represent the client in court to defend, cross-examine witnesses, and defend their points.

Trial lawyers are more general in their scope, as they can handle either criminal or civil cases. Their focus is to prepare for civil or criminal defence. Therefore, trial lawyers:

• May represent an individual in either civil or criminal proceedings.
• May work on pre-trials, gather information, and speak to witnesses.
• Present cases to the jury and negotiate settlement.

It is a common misconception that criminal lawyers exclusively deal with criminal cases, while trial lawyers handle civil cases. While criminal lawyers are known to handle criminal misconduct, they can even assist in traffic and regulatory issues. Trial lawyers, being general practitioners, can handle both criminal and civil cases. Thus, you would want to know the 5 key differences between civil cases and criminal cases and the 4 differences between criminal lawyers and trial lawyers.

Which Degree Is Best For A Criminal Lawyer?

The best educational faculty to choose from would be a bachelor’s degree in criminal justice or law. You will need to ensure that you complete a Bachelor of Laws (LLB) from a reputable school. This would normally take around three years. After completing your LLB, ensure that you participate in training courses that would enable you to practice law. To become a criminal lawyer, it would be advisable to take specialisation courses or programmes in criminal law.

Other fields may provide an understanding of the criminal justice system. Let us look at a few:

• Political science may assist you in understanding the constitutional and political framework around criminal law. This teaches you research, analytical skills, and an understanding of the legal framework.
• Criminal justice may provide an understanding of the justice system, such as courts, law enforcement, and corrections. It is important to understand the application of criminal, social, and political law.
• You would need to obtain a law degree either in Bachelor of Laws or an LLB. This is the most ideal route if you aspire to be a lawyer.

To select the right law school, you will need to search for its accreditation, reputation, curriculum, and clinical opportunities to specialise in criminal law.

What Is The Most A Criminal Lawyer Can Make?

The average a criminal lawyer is said to make is AUD 102,750 per year. However, the most a criminal lawyer can make would depend on their experience or location.

• For entry-level, the most a lawyer could make would range from AUD 70,000 to AUD 100,000.
• For mid-level, it would range from around AUD 102,000 to AUD 120,000.
• For senior levels, it would range from AUD 120,000 to AUD 180,000 or more.

Based on location, areas like Sydney, Melbourne, and Brisbane would cost more compared to other areas in Australia. However, you will need to understand that these figures are an average range and criminal lawyers charge their pricing based on years of experience, the complexity of the case, their experience, services, and the size of the firm.

It’s crucial to consult with multiple lawyers to get accurate quotes and understand the factors influencing their pricing. This will help you make an informed decision and select the best lawyer for your specific needs.

A public defender’s salary depends on whether they are based in a large or small firm. Thus, it is common for a private criminal defence lawyer to earn more than a public criminal defence lawyer.

What Does A Prosecution Attorney Do

A prosecution attorney focuses on responsibilities such as:

• Accessing evidence to see if the case is strong enough to go to court.
• Drafting and filing charges against the accuser.
• Guide investigators and other agencies on legal issues.
• Present their case in court and argue against the accuser.
• Decide on the charges and the severity of the offence.

What Are The Subtypes Of Prosecution Attorneys?

The subtypes of persecution attorneys are:

• Crown prosecutor: responsible for prosecuting criminal cases in the district and Supreme Court. They represent the community and assist the court and jury to determine the truth.
• Special prosecutors are rare and are normally appointed to focus on matters that are complex and may involve conflict of interest.
• State prosecutors represent the state or territory.
• Commonwealth prosecutors prosecute on matters that are against the Commonwealth law. These lawyers look at draft charges and provide legal advice.<.li>

What’s The Difference Between Public vs. Private Criminal Defence Attorneys

The government hires public defenders to represent those who cannot afford a private lawyer. Let us look at the difference between public and private lawyers:

• Public defenders represent the client and may take on cases located throughout the country. They have heavier caseloads, which makes it difficult for them to update the clients regularly. However, due to their frequent appearance in court, they may have a better relationship with the judges and prosecutor.
• Private defence attorneys work with private firms and have more flexible schedules that make it easier for them to avail, communicate, and motivate their respective clients. Their relationship with judges and prosecutors would be dependent on their track record and reputation.

How Criminal Lawyers Specialise In Different Types Of Crime

White-collar crimes are handled by specialists focused on matters such as:

• Financial fraud, mortgage fraud, and corporate fraud.
• Embezzlements such as stealing of money or property.
• Bribing or other corrupted acts.
• Money laundering.

In comparison, defence lawyers focus on violent crimes such as mutilations or assaults.

What Are The Differences Between A Criminal Lawyer And A Criminal Barrister?

Criminal lawyers and criminal barristers are legal professionals of the law. However, their roles and responsibilities are different in terms of:

Criminal lawyers work for a law firm and handle cases by:

• Preparing evidence and interviewing witnesses.
• Drating clients’ pleadings, affidavits, and other documents.
• Negotiating with prosecutors.
• May appear in court for matters such as sentencing and plea negotiations.

Criminal barristers work in chambers and focus on:

Conducting trials and preparing complex arguments.
• Examines witnesses and advocates on behalf of the clients.
• Experienced in areas such as homicide, drug offences, or white-collar crimes.
• Appears in the Supreme Court or Court of Appeal.

You may use a criminal lawyer for initial advice, consultation, and during the initial stages of the case. They may also be appointed for administrative and plea negotiations and for cases that are not contested.

A criminal barrister may be appointed for:

• Matters about higher court issues.
• Requires specialised advocacy skills.
• Serious matters such as murder, fraud, or organised crime.

What Is The Best Type Of Lawyer For My Criminal Matter?

It is important to choose a specialised criminal lawyer and thus, let us look at some basic guidelines:

• Identify the type of crime that you are accused of, such as white-collar, violent, or drug-related offences.
• Choose a specialised lawyer and the size of the law firm.
• You can use their experience and reputation to help you decide whether to hire them.