Both criminal defense lawyers and public prosecutors work in the field of criminal justice. If you've been accused of a crime, it's important to understand the role your attorney will play, as well as the role of opposing counsel. Below, a few of the key differences between criminal defense lawyers and district attorneys (DA) are discussed in more detail.

Representation

The biggest distinction between these two types of legal professionals is who they represent. The criminal defense lawyer represents the individual charged with a crime. The prosecutor, who may be a district attorney or representative of the DA, has the responsibility of representing the interests of the state and the general safety and welfare of the people.

Power

In a broad sense, the DA or prosecutor has greater powers to bring the case to a close, at least in the beginning. The state can make the offer of a plea bargain if they so choose, a situation in which the defendant would plead guilty in exchange for avoiding a trial and, usually, receiving a lesser penalty. Trials are costly and time-consuming for the state, and they can be grueling experiences for both defendants and alleged victims. Of course, most innocent people charged with a crime want to prove their innocence, so accepting the prosecution's offer of a plea deal may not be an option.

Opportunity

The prosecution has one opportunity to prove their case at trial. If they fail and the defendant is found not guilty, the laws of double jeopardy prevent the defendant from being tried again. Opportunity also figures into the role of the criminal defense lawyer, but in a markedly different way; if a defendant is convicted, there is a multi-step appeals process in place, so there is conceivably more opportunity for a retrial or a verdict to be overturned at a later stage.

By knowing some basics of the roles a criminal attorney and prosecutor or DA play in a criminal case, you can better understand your rights and legal options. The lawyers at Ibold & O'Brien are here to ensure you receive a quality criminal defense. Since 1980, they have been serving Geauga and Ashtabula Counties in Ohio for a range of legal issues, including criminal cases, bankruptcies, and personal injuries. Call (440) 285-3511 or visit them online to arrange a consultation today.