Understanding the legal system
What Does a Criminal Defense Attorney Do?
Last updated June 13, 2026
- Advises you on your rights and the charges you face.
- Investigates the case and challenges the prosecution's evidence.
- Negotiates with prosecutors (including plea agreements).
- Files motions — for example, to suppress improperly obtained evidence.
- Represents you at hearings, trial, and sentencing.
attorney records across 41 states are searchable on this site right now.
Source: official state bar registration rosters.
From arrest to resolution
A criminal defense attorney represents someone accused of a crime at every stage: explaining the charges and likely outcomes, protecting constitutional rights during questioning and searches, investigating the facts, and either negotiating a resolution or taking the case to trial. Their job is to ensure the state proves its case and that your rights are respected throughout.
Negotiation vs. trial
Most criminal cases resolve without a trial, often through plea negotiations. A defense attorney's value there is judgment — knowing the local prosecutors and courts, what the evidence is really worth, and when a plea is better (or worse) than going to trial. When trial is the right call, they present the defense, cross-examine witnesses, and argue to the jury.
Private vs. appointed
If you can't afford a lawyer for criminal charges that carry jail time, the court appoints one — usually a public defender — at no cost. Otherwise you hire a private criminal defense attorney. Either way, you can verify the lawyer's license and disciplinary record. See our public defender vs. private attorney guide.
Frequently asked questions
Do I need a criminal defense attorney for a minor charge?
Even minor charges can carry consequences (a record, fines, license impact). A consultation — often free — helps you understand the stakes. For anything that could mean jail, representation is strongly advised.
What's the difference between a criminal and civil attorney?
Criminal defense attorneys represent people accused of crimes by the government. Civil attorneys handle disputes between private parties (contracts, injuries, family law). The skill sets and procedures differ.
How do I check a criminal defense attorney's record?
Search them on the official state bar roster to confirm an active license and check disciplinary history. It's free and takes a minute.
Related guides
- Public Defender vs. Private Attorney
- Defense Attorney vs. Prosecutor
- How to Check If a Lawyer Is Legitimate
Numbers on this page are computed from official rosters — see our data sources & methodology. This guide is part of the understanding the legal system series.
This site republishes official public records and is not legal advice, a lawyer referral service, or a consumer reporting agency. Information here may not be used to make decisions about employment, tenancy, or credit (FCRA). Records are shown as published by their official sources and may contain errors or be out of date; consult the linked official source to verify. To correct or dispute a record, contact the licensing authority of record.