A criminal charge is likely to affect both your freedom and your bank account. You may be aware that jail time is a possibility, but do you know how much jail time is common for your offense? Do you know the fines typically involved? Can you anticipate what counseling or classes might be involved?
One thing you may not know is that even attorneys typically don’t represent themselves in criminal cases. There is value in having someone else look at the facts and represent your interests. This article discusses why smart people hire a lawyer to represent them in a criminal case and how to best utilize your lawyer to defend you.
- Evidentiary Defenses. If you are thinking that you are guilty because you did the thing that you are accused of, then you aren’t thinking like a lawyer. Attorneys know that it is the government’s (city/county/etc.) burden to prove that you are guilty beyond a reasonable doubt. Just because you did something doesn’t mean that the other side can prove it. Furthermore, you have a right to be secure against unreasonable search and seizure. How this translates to your criminal charge is that the police have to use legal means to stop you and search you. If they fail to stop or search you properly, then the evidence that they find can’t be used against you. At attorney knows these rules and can assist you with evidentiary defenses.
- Plea Bargain. If you are planning to enter a guilty plea, an attorney can help you get a fair plea bargain. A lawyer who regularly practices criminal law in your jurisdiction will know what to ask the prosecutor for and what the best approach for that particular prosecutor is. Often, jurisdictions have standard plea bargains, so you will want to be represented by someone who knows what those are and can ask for at least that bargain or better.
- Confidence. Hiring an attorney will give you confidence and prepare you for what will happen. The legal system is complicated, and you will benefit from having an experienced guide to help you navigate the system. Your attorney will know what needs to be done and how to do it. He or she will stand by you if you enter a plea or face the court to receive a sentence. Your attorney can speak to the Court on your behalf, so that the right things are said.
Evidentiary defenses, plea bargaining, and imbuing you with confidence are just a few areas where an attorney can provide value. Be sure to ask your attorney questions, be proactive in assisting your attorney to develop a strong defense for you, and follow the advice of your counsel.
