From Our Students: Criminal Law

I knew early on that I wanted to become an attorney, especially a criminal attorney because I believed it was the best way to help others. Unsure whether to pursue a career in defense or prosecution, I wanted to gain experience in both sides of the law before I made a decision. I first interned with a criminal defense attorney. This solidified my desire to become a criminal attorney, and while I appreciated the role of defense attorneys in advocating for defendants' innocence, I felt something was missing. When I later interned under a criminal prosecutor, I realized my true calling. From what I witnessed, prosecutors seek justice and work to help victims heal, values that aligned perfectly with my aspirations to help others. 

Criminal law defines behaviors that are illegal and outlines the punishments for those who commit them. These laws vary between state and federal levels: state crimes are violations of state laws prosecuted in state courts, while federal crimes involve offenses against federal laws or those impacting federal interests, like crimes on federal land or involving interstate commerce.

Criminal procedures also play a crucial role, in governing how cases proceed through the justice system. At the federal level, these are the Federal Rules of Criminal Procedure, while each state has its own set of rules.

There are two major types of crimes: misdemeanors and felonies. Felonies are serious offenses, such as murder or armed robbery, and typically result in over a year of imprisonment. Misdemeanors, like vandalism or petty theft, carry lighter penalties such as fines, community service, or shorter jail sentences.

Criminal law also involves a range of players, from police and probation officers to victims, witnesses, judges, and mental health professionals, making it a complex field with many perspectives at play. 

As a criminal attorney, one can choose to work as a defense attorney or a prosecutor. Defense attorneys represent individuals charged with crimes, while prosecutors represent the state or government in bringing charges against defendants. Both roles involve litigation or court representation.

Defense attorneys can work in the public or private sector. Public defenders are appointed to represent those who cannot afford an attorney, while private defense attorneys work in firms or independently to represent paying clients. Private attorneys can also volunteer as assigned counsel to represent indigent defendants charged with felonies, similar to public defenders who handle misdemeanors. Private defense attorneys have the flexibility to choose clients and set fees but may not have daily court appearances or the support of colleagues. Public defenders, though salaried and unable to choose clients, gain daily courtroom experience and work closely with other defenders.

Prosecutors play a crucial role in shaping case outcomes by deciding which charges to bring, which convictions to pursue, or whether to offer a plea deal. There are two types of prosecutors: U.S. Attorneys handle federal cases, while state prosecutors, such as district attorneys, manage cases under state law. Prosecutors work closely with law enforcement to seek justice for victims and ensure the guilty are convicted and the innocent are protected. 

While TV shows often portray every case as dramatic and requiring a trial, the reality is that the vast majority of criminal cases end in a plea bargain, where the defendant pleads guilty for a lighter sentence. Courtroom appearances are typically quick and routine, with dozens of cases handled in a single morning. Cases also rarely conclude within a month—many can take years to resolve. In practice, victories are the result of dedicated legal research, motion drafting, and witness preparation. The dramatic "aha" moments are very rare. 

Although there are many benefits to becoming a criminal attorney, there are some disadvantages. Weighing these is an important step when deciding whether criminal law is the right career path to take.

One disadvantage is the ethical dilemmas faced by both prosecutors and defense attorneys. Prosecutors have significant discretion that can dramatically impact people’s lives. This is a lot of power, and sometimes biases may occur which negatively influence a prosecutor’s decision. Prosecutors must instill safeguards in their practice to overcome any unintentional bias that may arise. Defense attorneys must often defend clients who are perceived to be guilty by the public or may have to represent clients that are guilty. This puts strain on the defense attorney and those close to them.

On a more positive note, criminal law offers many opportunities for legal professionals. As it is deeply rooted in litigation, criminal attorneys have numerous chances to hone their trial skills and develop a courtroom presence. Given the constant evolution of the field, criminal attorneys must stay up to date on legal trends and refine their strategies to match. Furthermore, criminal law is vast, which allows attorneys to specialize in a wide range of areas, such as white-collar crime, drug offenses, and violent crimes. 

Whether defending a client or advocating for justice as a prosecutor, a career as a criminal attorney offers the opportunity to leave a legacy of change. Criminal attorneys play a vital role in shaping the criminal justice system, ensuring fairness, and upholding the rule of law, ultimately impacting the lives of individuals across the nation. If you are considering this path, remember that the challenges you face will only strengthen your resolve to bring about meaningful change.