Criminal Trial Attorney
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Choosing a civil trial lawyer need not be a daunting task. A client might find themselves in need of legal representation for a variety of reasons. Whether the need is related to drawing up a will or trust, transferring a title on a piece of property, setting up a mortgage or lease, or creating a contract, professionals specializing in civil law can guide their clients through the process. The need for a criminal trial attorney often comes at a time of great stress, but can also bring great comfort and relief to the client who is charged with a crime. What ever type of legal help might be required, a competent professional can help their client through a maze of legal mystery and hopefully help bring about an outcome that is satisfactory to all concerned. The idea of caring for the defenseless is mentioned many times in the Bible. "Defend the poor and fatherless: do justice to the afflicted and needy." (Psalm 82:3)
To better comprehend the functions of these different legal professionals, an understanding of the differences between civil and criminal law could be of benefit. The functions of a criminal trial attorney involve defending a client who is charged with a crime and faces some form of punishment that could include jail or imprisonment, some kind of fine, or even execution. Whether charged with a felony or misdemeanor, legal representation is a necessity and not a luxury. A civil trial lawyer is generally hired for the purposes of civic litigation. The client that is represented by this type of legal professional is never in danger of any kind of punishment such as jail or imprisonment, and certainly not execution. The worst outcome that any client can expect in the loss of a civil suit is the payment of punitive damages for offenses that could include malicious intent to cause harm, disdain for the rights of others, or gross negligence.
Another difference between these two legal disciplines is the issue of burden of proof. For the criminal trial attorney, the burden of proof is determined by which side of the aisle the representative occupies. In criminal cases, the burden of proof lies with the state. If trial lawyers are public prosecutors who represent the state, they must carry this burden of proof. Since a defendant in these cases is presumed innocent under our system of law, the burden of proof does not lie with defending attorneys. In criminal law, this burden of proof must be established beyond a reasonable doubt. Of course, for the civil trial lawyer, things are very different. The burden of proof in civil litigation begins with the legal professional who is representing the plaintive bringing charges. This case is proven to the jury by a preponderance of the evidence, in other words a greater than 50 percent probability. There are also a number of exceptions when the burden shifts to the defendant to counter the plaintiff's case.
A civil trial lawyer might help a client with any number of issues. Some of the concerns that fall in the area of civil law include libel or slander cases, probate law, mortgage issues, personal injury, or tenant's rights. The practice of elder law also falls under this category and covers such issues as estate planning, probate, health care decisions, power of attorney, living wills, long term nursing care, tax planning, retirement, and guardianship. Writing a will and appointing guardians for any minor children at the time of a client's death is also a task that this legal professional might perform. Legal representation in any kind of contract matter is very important and there are a number of legal professionals who specialize in this area. There are also a number of issues that are not of so large a magnitude, but that can benefit from legal counsel. If a client feels discriminated against in the workplace, has a financial dispute, or needs a solution to a situation as simple as dealing with noisy neighbors, often representation is sought. Simply put, civil law involves private disputes between private individuals.
When a client has been charged with a crime, they should hire legal counsel as soon as possible. This professional will have the rights of their client uppermost in mind. For this reason, a citizen would be ill advised to seek advice in these matters from such sources as police officers or prosecutors, and should definitely not attempt to represent themselves. Misdemeanors are considered more minor than felony crimes, but many still require representation. Issues such as traffic violations or petty theft are considered misdemeanors. These violations usually require some type of fine or community service for defendants that are found guilty. Since clients that are accused of more serious crimes such as rape, murder, grand theft, or assault and battery, face possible imprisonment or death, the stakes are much higher and the need for a skilled criminal trial attorney is high. Whatever the need, civil or criminal, finding a competent professional to represent or defend is crucial.
The idea behind our legal system is that if both parties in any dispute meet in a courtroom and each side is vigorously presented, the truth will come out. When the truth comes out, justice will inevitably be served. Ideally, this is insured by the judge or the jury, who represent a neutral third party. In recent years, particularly in areas such as family law, simplification processes are being sought. These simplifications might come in the form of mediators who help the concerned parties come to a mutual agreement.
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