Most people are hardly experts in legal matters. We understand the general rules that shouldn’t be broken, with laws against burglary and assault needing no explanation. But that doesn’t mean we understand the ins and outs of the legal system, and that is what lawyers are for. Lawyers have years of study and experience devoted to handling complex legal scenarios, and there are hundreds of different kinds of lawyers, each specializing in different areas. Depending on what your legal situation is, you may need to hire a lawyer specializing in small claims, divorce law, or any other issue. But for serious criminal legal matters, you’ll need a criminal defense attorney.
Criminal defense attorneys are licensed lawyers that specialize in handling criminal cases. This means these cases are pertaining to a potential violation of either a state or a federal criminal law, with the government as the prosecuting party. This is different from civil law, where it is two people or parties disputing their rights. In the case of criminal law, each state has different rules over what constitutes a crime and what the punishment should be. It can cover anything from fraud and tax evasion to murder and kidnapping.
There are many different things to know about hiring a criminal defense attorney. In this breakdown, we will provide you with key information, such as when to hire a criminal defense attorney, and what they can do for you.
When to Hire Your Criminal Defense Attorney
In criminal law, defense attorneys must be hired as soon as possible. In criminal cases, everything won’t always happen all at once. Oftentimes, especially with more serious cases, it is a long process, and you must have a defense attorney with you for as many steps of it as you can.
Criminal cases start as investigations. Unless you are arrested in the act of committing a crime, that means you will have some time to hire an attorney before you are arrested. This should always be done. During the investigation period, the police will be attempted to gain evidence on the criminal case they are investigating, and it is important that you have an attorney with you to make sure that your rights are being protected, and none of their fact-finding is breaching the rules.
If you are ever arrested and have not already contacted an attorney, it is vital that you either call one or call a family member and tell them to call one. Whether you’ve committed any crime or not, having a defense attorney doesn’t make you look guilty. It is a common procedure, and it protects you from any wrongdoing by the police department and ensures the integrity of the investigation.
What a Criminal Defense Attorney Does for You
Law is based on following procedure, on adhering to the rules that have been put in place. If someone’s being investigated or has been arrested and is being charged with breaking a criminal law, that means it is believed that they have broken these rules. They still have the presumption of innocence until they’ve been found guilty in a court of law though, and the police must follow rules of their own throughout the investigation. A defense attorney is there to ensure that all rules are being followed, that client’s rights are being upheld, and are essentially there to assist with the proceedings. They’ll let clients know important information, ask pertinent questions, and keep them from accidentally incriminating themselves.
That is what a criminal defense attorney will do in the early stages of the process. Beyond that, they will also be negotiating on behalf of their client, trying to either secure their release if it is at all possible or trying to argue for a deal to be made. These deals are based on pleas, which are negotiated between the prosecution and your attorney.
If the case progresses to a trial, a criminal defense attorney is a person responsible for coming up with the defense and pleading the case in a court of law. This might be surprising to those who watch legal dramas on T.V, but typically under 5% of criminal cases do end up going to trial. In the typical criminal case, either the case will be dismissed, or a plea bargain will be agreed upon. This is what criminal defense attorneys can do for you. They make sure the investigation is being conducted without violating rights, argue on your behalf, and do their best to keep their clients out of jail, or in jail for the minimum amount of time possible.
To sum it up, a criminal defense attorney is your best hope when facing a criminal charge or investigation. They are your advocate, there to make sure that your rights aren’t being breached and that you aren’t inadvertently giving the police evidence you shouldn’t. They are there to uphold the law. As for the question of when to hire a criminal defense attorney if you’re being investigated or arrested, the answer can be summed up simply: as soon as you can. Contact us today.