What do they do and how do you choose a criminal lawyer?

Choosing a good criminal lawyer can be a more difficult task than it seems. Among the vast number of professionals, understanding what criteria you should be guided by can become quite questionable, even more so when we do not even understand the real ways in which a professional in this field works.

First of all, remember that finding a criminal lawyer, whether for defense or assistance in the prosecution, is always aimed at realizing the constitutional rights of all citizens.

In accordance with this basic principle, in today's article we will consider the role of a criminal lawyer in various aspects of his work, his main types of work, as well as what you should pay attention to when choosing your criminal lawyer.

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What is the role of a lawyer in criminal cases?

A criminal lawyer works to protect human rights by ensuring the smooth application of criminal law. Criminal law is considered the guardian of the Brazilian legal system and is therefore only used when it is impossible to activate other branches. It is an instrument for which the State must punish.

It is at this point that criminal law arises to avoid state excesses, based on the principles of the presumption of innocence and other guarantees and fundamental rights provided for in the Federal Constitution.

A fair trial can only be when the defendant, when found guilty, is punished with a criminal conviction or, if found innocent, is acquitted. For a trial to take place, there must be a prosecution and a defense, therefore, a criminal lawyer should never be prejudiced by society for defending — within the law — his client. Remember, there is no conviction without a defense.

Therefore, when a crime is committed, a criminal lawyer should always be present, helping to solve the case and seeking social balance. See also: Police Limits in Criminal Investigation

Criminal Lawyer Scopes

When it comes to the scope of a criminal lawyer, most people tend to think of a popular jury full of people watching, like in big movies. However, the reality can be quite different. Criminal law encompasses a wide field that is related to several other specialties of law.

That is why this professional must be prepared to understand the technical scope of their claim, as well as the different stages and implications associated with the entire criminal process.

Among the most common activities of a criminal defense attorney are:

Custody Hearing

A custody hearing is the starting point of every criminal trial that begins with an arrest. You have probably heard that “everyone is innocent until proven guilty,” or that there is no prison without a final, that is, final, conviction. These are, in essence, constitutional guarantees. But there are exceptions.

One such exceptional situation is an arrest. If a government agent notices a person committing a crime, he or she will arrest him or her at the scene of the crime, even before an investigation or criminal proceedings have been initiated, since the act was caught in the act.

Often, unfortunately, detention after the fact does not meet all the requirements of the law. Some of them involve abuse, illegal actions, and even strategies deliberately designed to unjustly imprison a person.

A detention hearing is a right of the arrested person and must be held within 24 hours of the arrest so that any violations can be identified. It is at this hearing that the judge will decide whether you will remain in state custody or be released. Therefore, it is important to have the assistance of a specialist lawyer during this hearing.