A criminal defense lawyer is a legal professional committed to defending individuals and businesses accused of a felony or misdemeanor crime, such as theft, drug trafficking, fraud, DUI, assault or robbery.
On a fundamental level, criminal defense lawyers work to shield you from unjust punishment if you’re innocent and strive to minimize penalties if you’re found guilty.
Here’s how a criminal defense lawyer in San Francisco can help.
- Protect your rights during every interaction with law enforcement and prosecutors
- Present you with all your legal options and help you choose the best course of action
- Build a strong defense by gathering evidence, interviewing witnesses and consulting experts
- Negotiate with prosecutors to reduce charges or penalties
- Advocate for you in trials, hearings and other legal proceedings
- Work to lessen penalties if you’re convicted
- Assist in appealing a verdict or sentence if legal errors occurred during the trial
Public Defenders vs. Private Criminal Attorneys
In California, if you’re facing misdemeanor or felony criminal charges that could lead to jail time, you have the right to an attorney. You can hire your own defense attorney, but if you can’t afford one, the court will assign a public defender to your case. The only exception is if it’s an infraction, such as a traffic ticket, in which case you are not entitled to a court-appointed lawyer.
While public defenders and private criminal attorneys defend those accused of crimes, there are key differences between them.
- Choice. With a private attorney, you can hire a lawyer based on their experience and reputation. Public defenders, however, are court-appointed, so you don’t have control over who represents you.
- Cost. Private attorneys charge fees for their services, which in California typically range from $200 to $500 per hour, while public defenders are provided at no cost to you.
- Caseload. Private attorneys usually manage smaller caseloads, which allows them to dedicate more time and attention to your case. Public defenders often handle large caseloads and have limited time, which can mean they spend less time on each case.
- Specialization. Private attorneys often specialize in specific areas of criminal law and bring extensive experience in those areas. For example, if you’re facing a DUI charge, you can easily find a private defender who predominantly works in similar cases. Public defenders, though, handle a wide variety of cases, which gives them a broad range of experience in criminal defense.
- Resources. Private attorneys typically have bigger budgets and thus have more resources, like access to private investigators, expert witnesses and support staff. Public defenders may also have access to these resources, but budget constraints can limit their availability.
- Client-attorney relationship. With a private attorney, you generally have more opportunities to build a relationship and communicate directly with your lawyer. Public defenders might have less time for one-on-one meetings because of their heavy caseloads, which can affect communication and case preparation.
Should You Represent Yourself in a Criminal Case?
In California, you have the legal right to represent yourself in court if you’re accused of a crime. If you choose this route instead of hiring a private attorney or having the court appoint a public defender, you’ll be known as a pro se litigant.
There are several reasons why someone might choose to represent themselves. Financial constraints are often a major factor—many people simply can’t afford a private attorney. Others might feel they know their case best and believe that representing themselves offers more control over the proceedings.
However, representing yourself in a criminal case is risky and can seriously impact the outcome. Most people aren’t well-versed in the legal system or court procedures, including the available defenses, how to identify weaknesses in the prosecution’s case or how to cross-examine witnesses effectively. Any mistakes or lapse in knowledge can hurt your outcome and lead to severe consequences, such as harsher penalties or a greater likelihood of conviction.