Every week, people call our office looking for help, and many of them are surprised to learn they’ve called the wrong kind of lawyer. Some were the victim of a crime. Others are dealing with an eviction, a bankruptcy, or a loved one sitting in jail who needs to be bailed out.
That’s not their fault. Legal terms are confusing, and “criminal lawyer” sounds like it should cover anything involving a crime. But a criminal defense lawyer has one specific job: defending people who have been arrested, charged, or investigated for a crime.
This guide explains what a criminal defense lawyer does, when you should call one, when you shouldn’t, and who to call instead. That way you can get the right help faster.
What Does a Criminal Defense Lawyer Do?
A criminal defense lawyer represents the person accused of a crime. In Florida, criminal cases are brought by the State Attorney’s Office. Your defense lawyer is the one in your corner, protecting your rights and your future.
Here’s what that looks like day to day:
- Protecting your rights from the moment you’re questioned or arrested
- Asking the court for your release or a lower bond at your first appearance or a bond hearing
- Reviewing the evidence against you, including police reports, body cam video, and witness statements
- Challenging how the evidence was gathered, such as an illegal stop or search
- Negotiating with prosecutors to reduce or drop charges when possible
- Exploring alternatives like diversion programs
- Taking your case to trial and defending you in front of a judge or jury
- Helping after a case closes, such as looking into whether a record can be sealed or expunged
The bottom line: if the government is accusing you of a crime, a criminal defense lawyer is who you need.
When Should I Call a Criminal Defense Lawyer?
Call a criminal defense lawyer as soon as you, or someone you love, is facing a criminal accusation. The earlier you call, the more options you usually have.
Call if:
- You’ve been arrested, or a family member is in jail
- You’ve been charged with a crime or received a notice to appear in criminal court
- There’s a warrant out for your arrest
- Police want to question you about a crime, even if they say you’re “just a witness”
- You’re under investigation or think you may be
- You received a DUI, drug charge, domestic violence charge, or any misdemeanor or felony
- You’re accused of violating your probation
One important tip: you have the right to stay silent and the right to an attorney. You can politely tell officers you’d like to speak with a lawyer before answering questions.
When Should I Not Call a Criminal Defense Lawyer?
A criminal defense lawyer can’t help with every legal problem. These are the most common mix-ups we hear about.
You were the victim of a crime
This is the biggest one. If someone committed a crime against you, such as an assault, theft, or fraud, a criminal defense lawyer isn’t the right call. Defense lawyers represent the person accused, not the victim.
Here’s who can help instead:
- To report the crime: contact your local police or sheriff’s office. In Florida, the State Attorney’s Office prosecutes criminal cases, and most offices have victim advocates who can guide you through the process.
- To recover money for your injuries or losses: call a civil lawyer, such as a personal injury attorney. A civil case is separate from the criminal case and focuses on getting you compensated.
Eviction or landlord–tenant disputes
Evictions are civil matters, not criminal ones. Whether you’re a landlord or a tenant, you need a landlord–tenant attorney.
Bankruptcy
If you’re struggling with debt, a bankruptcy attorney can explain your options. Criminal defense lawyers don’t handle bankruptcy cases.
Bailing someone out of jail
A criminal defense lawyer can ask the judge to release your loved one or lower their bond. But they won’t post bail for you. To pay the bond, contact a bail bond agent (often called a bail bondsman) or ask the jail about paying the full bond amount directly.
What If I Want to Sue the Police or the Government?
Suing is a civil matter, so a criminal defense lawyer isn’t usually the one to file the lawsuit. Here’s who to look for.
Suing the police
If you believe an officer used excessive force, made a false arrest, or conducted an illegal search, look for a civil rights attorney. These lawyers handle claims against police officers and departments, often under federal civil rights law.
If you’re also facing criminal charges from the same incident, talk to your criminal defense lawyer first. What happens in your criminal case can affect a civil lawsuit, and the timing matters.
Suing the government
To sue a city, county, or state agency, such as after an injury caused by a government employee or vehicle, you’ll generally need a personal injury or civil litigation attorney with experience in claims against government entities.
Florida limits how and when you can sue the government. You usually have to send written notice of your claim before filing a lawsuit, and there are caps on how much you can recover. These rules changed in 2026, so it’s important to talk to a lawyer early.
If you feel your rights were violated
The right lawyer depends on what happened:
- Violated by police or a government official (unlawful arrest, excessive force, illegal search): civil rights attorney
- Violated at work (discrimination, harassment, retaliation, unpaid wages): employment attorney
- Violated during your own criminal case (an illegal stop, search, or interrogation): your criminal defense lawyer, who can challenge that evidence in court
Which Type of Lawyer Do I Need? A Quick Guide
Find your situation below to see who to call.
| Your situation | Who to call |
|---|---|
| You were arrested, charged, or are under investigation | Criminal defense lawyer |
| A loved one is in jail and needs a lawyer | Criminal defense lawyer |
| A loved one needs bail posted | Bail bond agent (bail bondsman) |
| You were the victim of a crime | Police or sheriff to report it; the State Attorney’s victim advocate |
| You were hurt or lost money because of someone else’s actions | Personal injury or civil attorney |
| You want to sue the police over excessive force or a false arrest | Civil rights attorney |
| You want to sue a city, county, or state agency | Personal injury or civil litigation attorney |
| You’re facing an eviction or a dispute with a landlord or tenant | Landlord–tenant attorney |
| You’re overwhelmed by debt | Bankruptcy attorney |
| You’re going through a divorce, custody, or child support case | Family law attorney |
| You have a problem at work (discrimination, unpaid wages, wrongful firing) | Employment attorney |
| You need help with a visa, green card, or deportation case | Immigration attorney |
| You need a will, trust, or help with a loved one’s estate | Estate planning or probate attorney |
Frequently Asked Questions
Can a criminal defense lawyer help me if I’m the victim of a crime?
No. A criminal defense lawyer represents the person accused of a crime, not the victim. If you’re a victim, report the crime to police. The State Attorney’s Office prosecutes the case. To recover money for your losses, contact a personal injury or civil attorney.
When should I call a criminal defense lawyer?
Call as soon as you’re arrested, charged, or contacted by police about a crime, or if a loved one is in jail. Calling early gives your lawyer more time to protect your rights and look for ways to reduce or dismiss the charges.
Do I have to answer police questions without a lawyer?
No. You have the right to stay silent and the right to an attorney. You can politely tell officers you want to speak with a lawyer before answering questions. Anything you say can be used against you, even if police say you’re “just a witness.”
Can a criminal defense lawyer bail someone out of jail?
A criminal defense lawyer can ask the judge to release someone or lower their bond, but they don’t post bail. To pay a bond in Florida, contact a licensed bail bond agent (bail bondsman) or ask the jail about paying the full bond amount.
What kind of lawyer do I need to sue the police?
You need a civil rights attorney. These lawyers handle claims like excessive force, false arrest, and illegal searches. If you’re also facing charges from the same incident, speak with your criminal defense lawyer first, because the criminal case can affect a civil lawsuit.
What kind of lawyer do I need to sue the government in Florida?
You generally need a personal injury or civil litigation attorney who handles claims against government agencies. Florida requires written notice before you can sue a government entity and limits how much you can recover, so talk to a lawyer as early as possible.
Does a criminal defense lawyer handle evictions or bankruptcy?
No. Evictions and bankruptcy are civil matters. For an eviction or a dispute with a landlord or tenant, call a landlord–tenant attorney. For debt problems, call a bankruptcy attorney.
What’s the difference between a criminal case and a civil case?
In a criminal case, the government charges someone with a crime and can seek penalties like jail or probation. In a civil case, one person or business sues another, usually for money. Criminal defense lawyers handle criminal cases; civil lawyers handle lawsuits.
How do I find out which type of lawyer I need?
If you’re unsure, call The Florida Bar Lawyer Referral Service at (800) 342-8011. They can connect you with an attorney who handles your type of case.
Still Not Sure Which Lawyer You Need?
If you’re unsure, call The Florida Bar to help you figure out which type of lawyer you need. The Florida Bar Lawyer Referral Service can be reached at (800) 342-8011 and can point you to an attorney who handles your type of case. Some counties also run their own local bar referral services.
Facing Criminal Charges in Florida? We Can Help.
If you or someone you love has been arrested, charged, or is under investigation, the criminal defense team at Smith & Eulo Law Firm is ready to help. Call us at 407-930-8912 or contact us online for a free consultation.
This article is for general information only and isn’t legal advice. Every case is different. Speak with a lawyer about your specific situation.
