Laws

Prosecution vs Defense Attorney: Which Side Does What?

Prosecution vs Defense Attorney

Only 2 percent of criminal cases went to court at the federal level in 2018. Still, when you are facing criminal charges, there’s always the chance that your case will become part of that two percent.

If your case does go to court, then it’s in your best interest to understand the differences between the prosecution vs defense attorney. Knowing the differences is key in determining the outcome of your case.

Keep reading for an explanation of how both roles differ.

The Role of the Prosecution

A prosecuting lawyer is an attorney who represents a client when they press charges against another individual. A prosecutor may work in either civil or criminal law.

The prosecution’s goal is to show that the accused individual is guilty of their charges. They do this through gathering evidence, witness testimonies, and such.

The Role of the Defense Attorney

A defense attorney is a lawyer who protects a client against criminal charges. Like the prosecutor, a defense attorney can work in either civil or criminal cases.

Their goal is to use their legal expertise to defend their client against their criminal charges during the proceedings. Defense attorneys also do things such as gathering evidence and witness testimonies to prove their client’s innocence.

Prosecution vs Defense Attorney: Education

Both prosecuting and defense attorneys must have their undergraduate degree, go through law school, and pass their state bar exam to practice law. There are no specific education requirements to work as a prosecuting or defense lawyer.

But, prospective lawyers may take classes about prosecution or criminal defense during undergraduate or law school to prepare them for either career path.

Prosecution vs Defense Attorney: Can You Be Both?

Although it is an uncommon practice, a lawyer can work as both a prosecuting and defense attorney. Yet, they can’t fill both roles during one case.

Most lawyers and law firms specialize in either prosecution or criminal defense and not both.

But, the advantage of hiring a defense attorney that has with both sides of the justice system is that they have a better understanding of the law. This experience allows them to find the best avenues to advance their client’s legal interests.

Moreover, former prosecutors who now work as criminal defense attorneys can expect the prosecutor’s moves and use that against them to help prove their client’s innocence.

Who Do I Hire if I Am Facing Charges?

If you are opposing criminal charges, then you need to hire a defense attorney. A defense attorney will act in your best interests during your legal proceedings. And, if you’re in need of a defense attorney to help you fight criminal charges in Virginia, then visit nicewicz.com.

Understanding the Criminal Justice System: Legal Representation

As someone facing criminal charges, it’s most important to know that when it comes to the prosecution vs defense attorney, it’s the defense attorney that’s on your side. So, if you’re facing criminal charges, then it’s in your best interest to hire a defense attorney to protect your rights.

Browse our archives for more law-related content.

Leave a Reply

Your email address will not be published.