Anyone considering a career in law has several options, including where to take the bar exam, what area of law to specialize in, and whether to work for the government or private practice. The most fundamental decision for trial lawyers is which side of the courtroom to sit on. Prosecutors and defence attorneys are both significant players in criminal trials. Whereas the prosecutor attempts to prove the defendant's guilt, the defence attorney proves his innocence. You can find a professional Defense Attorney Near Pekin, IL, if you do thorough research.
Job Responsibilities
A prosecutor is in charge of prosecuting someone charged with a crime. In basic terms, they are in charge of gathering evidence about the crime, determining whether there is enough evidence to prove the case, and convincing the jury that the defendant is guilty based on that evidence. A criminal defence attorney does the inverse. He investigates the case on the defendant's behalf, advises the defendant on how to plead, and, if necessary, represents the defendant at trial to acquit him.
Who Hires Them?
A prosecutor is a public servant. He represents the district attorney's office which is the elected official in charge of criminal prosecutions in the jurisdiction and is funded by the government. The Department of Justice employs federal prosecutors. On the other hand, a defence lawyer can be either a private or public lawyer. The court will usually appoint a public defender if a suspect cannot afford a private attorney.
Requirements for Education
The primary difference between a defence lawyer and a prosecutor is how they entered the legal profession. To obtain a Juris Doctor degree, all lawyers must complete a four-year undergraduate program followed by three years of law school. A lawyer must pass the bar examination to be admitted to the state bar after graduating. Before practising law, you must have completed at least seven years of full-time study, regardless of where you sit in the courtroom.
Industry Sector
A prosecutor is only involved in criminal cases. A defense attorney can work on either criminal or civil cases. In rare cases, they may represent clients in both arenas. A civil action typically begins when a plaintiff files a petition in court against a defendant. The plaintiff usually attempts to demonstrate that the defendant did something wrong, such as breach of contract, to obtain monetary compensation. A civil defense attorney's job is to represent a defendant in civil litigation at all stages of the proceedings. However, unlike in a criminal case, the defendant must hire his civil defense attorney. If the defendant cannot afford to appear in court, the government will not intervene.
When a lawyer is well-versed in both prosecution and defence, they can understand both sides of the justice system and find better ways to advance legal interests. Former prosecutors, now defence lawyers, have the skills to build your best defence because they can anticipate what the prosecutor in your case is likely to do.
