What is the difference between defense attorneys and prosecutors

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Department of Education. The defense Unlike prosecutors, defense attorneys can be either private or public. Whose side are you on? Request More Information. Talk with an admissions advisor today. First Name Please enter your first name.

Last Name Please enter your last name. Contact Information Email Address Please enter your email address. Phone Number Please enter your phone number. ZIP Code Please enter your five digit zip code. Program Program of Interest Please choose a program. Credential Degree Level Desired Please choose a campus. A lawyer who defends an individual or corporation against criminal charges.

A defense lawyer may operate in private practice or, if employed by the government, work as a public defender assigned to clients who cannot afford an attorney. A civil defense attorney represents a client who faces fines, while a criminal defense attorney represents a client who faces jail time. The prosecutor must charge the accused with a specific crime or crimes, then present evidence that proves beyond a reasonable doubt that the accused is guilty. The client is innocent until proven guilty.

A prosecutor represents the interests of public safety, working to prove that a person or group has committed a crime and deserves to be punished. The prosecutor may offer a plea before going to trial. The prosecutor must gather evidence to present in court, interview and prepare witnesses to testify in court, research all aspects of the case to prepare for cross examination, and prepare opening and closing statements.

The two positions that most often confuses people are the prosecutor and the criminal defense lawyer. This article will detail the distinguishing aspects of each job, clearing up any confusion you may have. The first thing to realize is that a prosecutor and a criminal defense lawyer are both attorneys who successfully completed law school.

Both had to pass the bar exam in their particular state and be sworn in as lawyers. But the main difference is that the prosecutor represents the interest of the state or Federal government in court, and the criminal defense lawyer works for the individual who is being charged with a crime.

Basically, each is on opposite sides of the courtroom. Another difference is that prosecutors only deal with criminal matters, whereas criminal defense lawyers can represent clients in criminal matters as well as civil matters. Prosecutors attempt to convict a person who they believe has committed a crime while a criminal defense lawyer will fight for the rights of the accused and attempt to convince a jury that his or her client was not guilty.

Criminal defense attorneys can be hired by the individual or they can be appointed by the court. A public defender is usually employed by the state or county court and acts as the criminal defense lawyer. Typical cases that a criminal lawyer may handle range from fraud to domestic violence to DUIs. If someone is suspected of a crime, that person will be arrested and will eventually have to be involved in a trial in front of a judge and jury.

The prosecutor will compile all of the evidence and present it to the jury and attempt to convince the jury of the guilt of the accused. The prosecutor does this by questioning witnesses, victims, experts, and submitting evidence.

A criminal defense lawyer does not have to prove that the accused is innocent. He investigates the case on behalf of the defendant, advises the defendant on how to plead and, if necessary, represents the defendant at trial with a view to getting him acquitted. A prosecutor is a public officer. He represents the office of the district attorney, the elected official who is in charge of criminal prosecutions within the jurisdiction and is funded by public money.

Federal prosecutors are employed by the Department of Justice. A defense lawyer, on the other hand, may be a private lawyer or a public lawyer. Generally, the court will appoint a public defender if the suspect cannot pay the fees for a private attorney. The major similarity between a defense lawyer and a prosecutor is how they got started in the legal profession. All lawyers have to complete a four-year undergraduate program followed by three years of law school to get a Juris Doctor degree.