In essence, a good criminal defense lawyer is one who, throughout their career, manages to separate the moral from the legal aspects in order to fulfill their role: ensuring a fair trial.
Indeed, this situation places the criminal lawyer in a challenging position of confronting the power of the judging State and, at the same time, dealing with the contamination of public opinion about criminal defense law.
How does the practice of a criminal defense lawyer work?
To answer this question, it is appropriate to present the statement of the renowned criminal lawyer Luiz Flávio Borges D'Urso:
" Being a criminal defense lawyer often means seeing the public confuse you with the defendant ."
Indeed, one of the main challenges for a criminal defense lawyer is dealing with the heated opinions of a society that tends to turn against anyone accused in criminal proceedings, often without even respecting the precautionary measures themselves.
However, it cannot be demanded that a criminal defense lawyer also adopt this stance. After all, the Code of Criminal Procedure itself guarantees the right to a defense to all those who find themselves in the position of the accused.
"Article 261. No accused person, even if absent or a fugitive, shall be prosecuted or judged without a defense attorney."
For this reason, despite feeling morally conflicted by a fact, a good criminal lawyer takes on the role of fighting for a fair trial for their client, regardless of who they are or the charges against them.
Criminal defense law: a risky profession?
The level of danger a criminal defense lawyer faces depends heavily on the type of criminal defense practice they engage in.
For example, defending people who allegedly belong to criminal factions can be lucrative, but it exposes the lawyer to risks related to that context, such as revenge attacks by rival factions.
In addition, the fact that the criminal defense attorney has a closer relationship with the accused increases the risk of being held "accountable" for the client's frustrated expectations, who feels that the attorney did not do what they should have to secure their acquittal.
In this context, even the collection of fees can certainly become more complicated.
However, when dealing with an individual's most valuable asset, freedom, clients are certainly eager to close the deal and are often willing to pay well for it.
How much does a criminal lawyer earn?
In independent legal practice, a criminal defense lawyer's salary can vary considerably. On the other hand, in criminal defense work with some private companies, there is a certain standardization of the base salary.
For example, data presented by CAGED (General Registry of Employed and Unemployed Workers) reveals that the minimum wage for criminal lawyers in 2021 is R$ 4.769,09, but indicates salaries of R$ 13.935,35.
Is a criminal defense lawyer indispensable?
In short, the criminal defense lawyer plays an indispensable role in the administration of justice.
Without it, the relationship between the State and the defendant would undoubtedly be oppressive. This is due to the superior power that the State possesses.
The effect of this is that the criminal defense lawyer balances this relationship, guaranteeing everyone's right to a fair trial.
In light of the foregoing, it is essential to note that criminal defense law is not based on the pursuit of impunity. In fact, the criminal defense lawyer aims to achieve acquittal for the innocent and, for the guilty, nothing less than a sentence that expresses justice.
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