Key Takeaways

• A criminal defense attorney represents people accused of crimes, not people trying to prosecute someone else.
• You don’t have to be arrested or formally charged to speak with a criminal defense attorney. An investigation may be reason enough.
• Criminal defense attorneys handle cases involving DUI, assault, theft, drug offenses, domestic violence allegations, and other criminal charges.
• Victims generally report crimes to law enforcement, while government prosecutors decide whether to file criminal charges.

You have a legal problem, but you’re not sure what kind of lawyer to call. Do you need a criminal defense attorney? A family lawyer? Or someone who can help you press charges against another person?

It’s a common question, and the answer depends on your situation.

Many people assume criminal defense attorneys handle anything involving the police, a disagreement, or a possible crime. However, their role is much more specific.

A criminal defense attorney represents people who are accused of committing crimes. Their job is to protect the accused person’s legal rights and defend them against criminal allegations brought by the government.

So, when should you call a criminal defense attorney, and when do you need a different type of lawyer?

Let’s break it down.

What Does a Criminal Defense Attorney Actually Do?

A criminal defense attorney represents individuals who are suspected of, accused of, or formally charged with criminal offenses.

In California, criminal cases are generally prosecuted by government attorneys, such as the District Attorney’s Office. Meanwhile, a criminal defense attorney represents the person facing those allegations.

For example, a criminal defense attorney may help someone accused of:

• Driving under the influence (DUI)
• Drug possession or trafficking
• Assault or battery
• Domestic violence
• Theft, burglary, or robbery
• Fraud or other financial crimes
• Sex crimes
• Weapons offenses
• Probation violations

Under California Penal Code 15 (PC 15), a crime or public offense is an act or omission prohibited by law and punishable through criminal penalties. Additionally, California Penal Code 16 (PC 16) identifies categories of criminal offenses, including felonies, misdemeanors, and infractions.

A defense attorney helps clients understand their charges, reviews evidence, challenges unlawful police conduct, negotiates with prosecutors, and represents clients in court. Most importantly, their responsibility is to defend the person accused of the crime, not to prosecute someone else.

When Should You Contact a Criminal Defense Attorney?

One common misconception is that you only need a lawyer after being arrested.

Actually, speaking with a criminal defense attorney earlier can sometimes help protect your rights before charges are filed.

Consider contacting a criminal defense attorney if:

1. Police want to question you about a crime.

If detectives contact you because they believe you may be involved in criminal activity, you should consider speaking with an attorney before answering investigative questions.

2. You’ve been arrested or cited for a criminal offense.

Even if police release you shortly afterward, you may still face criminal charges or a future court appearance.

3. You’ve received a criminal court summons.

Ignoring a required court appearance can create additional legal problems. An attorney can explain the allegations and help you prepare.

4. You’re accused of domestic violence, assault, or another offense.

Even when you believe the accusation is false, the situation can have serious consequences.

5. You’re facing a probation violation.

A probation violation can lead to additional court proceedings and possible penalties, even without a new criminal conviction.

Under California Penal Code 987 (PC 987), defendants have the right to counsel in criminal proceedings as provided by law. However, you don’t necessarily need to wait for a formal charge to seek legal advice.

Can a Criminal Defense Attorney Help You Press Charges?

This is one of the biggest areas of confusion.

A criminal defense attorney generally does not represent someone for the purpose of filing criminal charges against another person. For example, imagine someone stole your belongings, assaulted you, or damaged your property. You may want the other person arrested and prosecuted. However, in California, criminal charges are generally filed by government prosecutors, not private citizens or their attorneys.

Here’s the distinction:

• The victim or reporting party: Reports suspected criminal activity to law enforcement.
• The police: Investigate possible crimes and may make arrests.
• The prosecutor: Decides whether to file and pursue criminal charges.
• The criminal defense attorney: Represents the person accused of the crime.

If you’re the victim of a crime, you can report the incident to law enforcement and ask about victim assistance services. In some situations, you may also have grounds for a separate civil lawsuit. A civil attorney can help determine whether that option is appropriate.

However, a criminal defense attorney is not the person you hire to make prosecutors charge someone.

What Legal Problems Require a Different Attorney?

Not every legal dispute is a criminal case.

For example, you probably need a different type of lawyer if you’re dealing with:

• Divorce or child custody: A family law attorney.
• Car accidents or injury claims: A personal injury attorney.
• Landlord and tenant disputes: A landlord-tenant or real estate attorney.
• Unpaid wages or workplace disputes: An employment attorney.
• Contracts or unpaid business debts: A civil litigation attorney.
• Immigration applications or deportation proceedings: An immigration attorney.

Some situations can involve both criminal and civil issues. For example, a domestic violence allegation may involve criminal charges and a separate family court case. Similarly, an assault could lead to criminal prosecution and a civil injury lawsuit.

In these situations, different attorneys may handle different parts of the matter.

Therefore, understanding whether you’re the person accused of a crime or the person seeking legal action against someone else is an important first step.

Why Hiring the Right Attorney Matters

When you’re facing criminal accusations, the stakes can be high. A conviction may affect your freedom, employment, finances, and future opportunities. An experienced criminal defense attorney can examine the evidence, explain possible defenses, identify constitutional issues, and help you make informed decisions. For example, under California Penal Code 1538.5 (PC 1538.5), an attorney may seek to suppress evidence obtained through an unlawful search or seizure.

Additionally, early legal representation may help you avoid mistakes when communicating with investigators.

However, the right strategy depends on the facts of your case. No attorney can guarantee a particular outcome.

If you or someone you love is being investigated, has been arrested, or is facing criminal charges in Riverside County or Southern California, call Inland Empire Criminal Defense at 909-939-7126 to speak with an experienced criminal defense attorney who has handled hundreds of cases similar to yours. Our team can review your situation, explain your rights, and help you understand your legal options. Your first consultation is free.

FAQs

1. Do I need a criminal defense attorney if I haven’t been charged yet?

Not necessarily, but it may be wise to consult one if police are investigating you or asking questions about your possible involvement in a crime. An attorney can explain your rights before formal charges are filed.

2. What’s the difference between a criminal defense attorney and a civil attorney?

A criminal defense attorney represents people facing criminal allegations and possible criminal penalties. A civil attorney handles legal disputes such as lawsuits, financial claims, contracts, and other noncriminal matters.

3. What kind of attorney do I need to hire for a DUI?

A DUI is a criminal offense in California, so a criminal defense attorney can help review the evidence, challenge applicable procedures, and represent you in court. DUI cases may also involve separate DMV proceedings with important deadlines.