How A Criminal Defense Attorney Is Helpful
Posted on: 14 November 2014
Being arrested for a crime can certainly be a frightening experience, no matter the charge. Whether you were arrested for a misdemeanor, or a felony, even the thought of going to jail can put you over the edge. Don't try to take matters into your own hands, however. It's best to consult with an experienced criminal defense attorney who can help you through this difficult time. Here are some of the reasons why a criminal defense attorney will help.
They Know the Criminal Procedure Law
The criminal procedure law is complex, on both the state and federal level. While most likely you were charged with violating a state law and not a federal law, it's still beneficial to have someone on your side who knows and understands how the process works. The average person does not understand the criminal law, and failing to understand it is not a good enough defense if you're representing yourself. While you do have the distinct right to represent yourself throughout the entire legal process, the consequences of you not having sufficient representation can be quite grave.
During the Pre-Trial Process
A defense attorney will have the opportunity to assist you right after you are arrested and arraigned. If you have the opportunity to have a lawyer brought in as you're questioned by police, that is always beneficial, as lawyers will advise you what information you should and should not disclose. Most people don't retain a defense attorney until they've been formally charged.
An attorney will work with the prosecution to try and have the charges dropped or reduced, depending on the exact circumstances surrounding your case. The attorney will look through the information surrounding your arrest, including determining whether or not the police office even had probable cause to make an arrest. They will also look through the evidence that the police have against you, as well as the statements you gave police.
During the Trial Process
In the event that your attorney was unsuccessful in negotiating a disposition and the case goes to trial, your attorney will know and understand the procedures that surround a trial. If your attorney feels that the evidence is overwhelmingly against you, they may advise you to plead guilty in return for a lesser sentence.
Every case is different and your attorney will look at your own circumstances and advise you accordingly. There's never any guarantee of any outcome, but having a criminal defense attorney on your side is certainly helpful.
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