The Criminal Defense Attorney vs. the lawyer who practices criminal law

Laws are nothing new, just look in the Bible. As long as there have been people, there have been laws. As long as there have been laws, there have been people accused of breaking those laws. The point is, the practice of criminal law is one area of law that is not going anywhere for a while. There will always be those arrested, and there will always be the need for someone to defend them in court. Thus, the criminal lawyer.

The problem is that not all criminal lawyers are the same. They can be divided into two main groups; the Criminal Defense Attorney and the lawyer who practices criminal law. They are different not because they ultimately want different results, rather they are different in how they practice criminal law. Because criminal law has been around for so long, and will continue to be around, it will always be a relatively well-stocked feed trough for those that are willing to feed from it. If you are an attorney and you are short rent money one month, you might as well represent that person charged with DWI. You can probably plead him out to probation, the guy never goes to jail, and after all, he was drunk anyway. This is certainly how I would want my attorney to work for me.

The difference between the Criminal Defense Attorney and the lawyer who practices criminal law is more than in name only. It comes from their very essence. A lawyer who practices criminal law see the defense of those accused of a crime as a fee. It is a business decision for him. You know this because of two things. First, he probably has other "business decisions" going on at the same time, such as a personal injury case, or a Trust and Estate practice, or maybe he also does family law. The second is that he probably doesn't handle a lot of trials. A lawyer who practices criminal law as a business decision doesn't want to spend a lot of time in trial. Either he doesn't want to run the risk of losing out on a potential new client, or he doesn't know what to do in trial. I know of an attorney who only practices criminal law. However he is not a Criminal Defense Attorney. Far from it. How do I know this? For one, he hasn't tried a case since Clinton was president, and his "firm" typically has around 900 active cases. Secondly, he will eagerly tell you his greatest accomplishment as an attorney was convincing a client to accept a plea offer of 43 years. I feel very confident that no self-respecting Criminal Defense Attorney would brag about pleading a client to 43 years in prison. And no, there were no extenuating circumstances making 43 years better than the alternative. The alternative was the lawyer didn't want to go to trial.

The point of this post is that if you looking to hire an attorney to defend you in a criminal case, remember that not all attorneys are the same. Just because an attorney can tell you where the criminal courthouse is doesn't mean he knows what he's talking about. I can't tell you how many times I have heard from someone that their attorney didn't tell them something or other would happen to them. You mean if you're convicted of a felony, you can't continue to own a gun except in a narrow exception? Yes. A Criminal Defense Attorney can tell you this stuff. A lawyer that only practices criminal law in between his runs to civil court and family court might not.

Because of this information gap, I will begin to randomly post some of the "collateral consequences" of criminal convictions in Texas state court as well as federal court. I shall call it "What my lawyer didn't tell me, but I wish he had." I hope you enjoy.

Earlier I mentioned that those that practice criminal law do so as a business decision. Why does a Criminal Defense Attorney practice criminal law? Passion. Passion to ensure any given criminal defendant isn't screwed by the system. Passion to make sure the prosecutor and the cops have to do their job, and do their jobs correctly. Passion for the fight. Just imagine what might have happened if Eve had had a good Criminal Defense Attorney for her in the Garden of Eden. Wish I could have been there for you Eve.