While many criminal defendants decide to plead guilty early in the process in order to save time or to get a deal with the prosecutor, there are many times when it is reasonable to consult with a criminal defense lawyer. If one of the following applies to you, consider speaking with a criminal defense lawyer.
Police Have Asked to Question You
If you have been implicated in a crime of some nature and police have communicated some interest in interviewing you, you may want to consult a criminal defense attorney. The advice that you receive is not to say anything at all to the police. Otherwise, you may inadvertently say something that can help the police establish a link between you and the crime. Additionally, a lawyer may inform police not to talk to you without his or her presence in order to protect your legal interests.
You Have Been Charged with a Crime
If you have been officially charged with a crime, it is important that you discuss the situation with a criminal defense lawyer. He or she may be able to take steps to prevent you from further implicating yourself, such as instructing you not to talk to investigators or the prosecutor without his or her presence. Additionally, he or she can make sure that certain safeguards are put in place, such as ensuring that any physical lineups or photo arrays are conducted in an appropriate manner.
A Constitutional Issue Is Involved in Your Case
If a constitutional issue arises in your case, a legal professional may be necessary to make the proper arguments to the court. For example, if a search was conducted without a proper warrant or when probable cause did not exist, your criminal defense lawyer may be able to argue that evidence should be suppressed in your case. In that situation, the prosecution may not have enough evidence to proceed with the case.
You Are Considering Going to Trial
A criminal defense lawyer can discuss your options with you. In some cases, your criminal defense lawyer may suggest that you plead guilty or accept a plea bargain in order to achieve a reduced sentence. However, in other cases, his or her recommendation may be to proceed to a trial. This may be the advice if your attorney believes that the prosecution would not be able to prove its case beyond a reasonable doubt. He or she may be able to assess the strengths and weaknesses of your case in order to better advise you about how you should proceed.
Additionally, he or she may point out the consequences of going to trial, such as potentially receiving a heavier sentence than you would have if you pleaded guilty. Similarly, he or she can warn you about consequences of pleading guilty, such as possibly being denied future employment or life opportunities, as well as having to face potential jail time.
You Have Been Offered a Plea Bargain
Prosecutors may offer criminal defendants a plea bargain to avoid trial. However, sometimes they may make these offers to quickly dispose of a case before a lawyer gets involved by trading some jail time in exchange for a conviction. A criminal defense lawyer can analyze a plea bargain and see if it is really in your best interest. He or she may also be able to negotiate for a better deal. Additionally, he or she may inform you of the consequences of accepting a plea agreement, such as potentially having a longer sentence if you are convicted of a subsequent crime.
You Want to Bail Out
A criminal defense lawyer may be able to help you be released on bail so that you will not have to stay in jail while you wait for the next hearing or your trial. Likewise, he or she may be able to argue to help you get released on reduced bail.
You Need Legal Advice
In some situations, you may not need an attorney to actually represent you in court. However, you may want to consult an attorney in order to discuss your legal rights and options. He or she may be able to provide you with information about the nature of the charges that are being filed against you, any potential defenses and what may occur in case you are convicted. It is even more important to seek out the advice of an attorney if you are being charged with a more serious crime, such as a felony.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.