You would have heard these terms more than a million times in the movies and in real life too. However, most of the people have almost no knowledge about the terms.
Here, let us see how prosecutors and defense attorneys stand in harmony and differ from each other in the legal prospect.
- Defense Attorney: As evident from the name, defense attorneys stand to defend their client against any kind of legal charge. They are generally hired by the accused person itself.
- Prosecutor: Prosecutors are the attorneys that stand against the criminal defense attorneys and are mostly appointed by the government.
Other Points To Note:
- Legal Education & Experience:
In terms of legal education, both the criminal defense attorneys and the prosecutors are almost alike and could have the same legal degrees from any prestigious law school.
However, they may differ in terms of their experience and any of the personnel could have a better experience against the other.
- Clients:
Criminal defense attorneys are appointed by the accused and they represent the person in the court. Since each and every accused person is entitled with the legal defending right, you can also get public defenders by the government if you cannot afford to hire a lawyer for you.
The prosecutors do not generally have clients. In facts, they are appointed by the government and have the right to negotiate the terms of the sentence with their opponent (i.e. the defense attorney).
- The Power:
The power of the prosecutor and the defense attorney are different at different periods.
At first, the power of the prosecutor is more than the defense attorney as the opponent has to perform the majority of work in proving his/her client innocent.
The prosecutor can also offer the opponent either a bargain or plea deal.
- Job Duties:
As the prosecutors do not have a client and they are employed by the government, their duties are limited to reviewing the arrest records and deciding if they need to press the charges or drop the case.
In case the case goes for a trail, the prosecutor would try to prove the accused person guilty. They can also recommend a sentence, but the final verdict rests in the hands of the jury or the judge.
Against this, the defense attorneys have a lot to perform. They make sure to view the case completely, view the evidence, talk to the police, the prosecutors, view the paperwork, represent their client, and several other tasks.
These are some of the major differences between a prosecutor and a defense attorney that you need to know. Make sure you know it well before you consult an attorney.
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