There is much that happens early in your case, well in advance of trial. In the beginning, you must learn of your legal rights and enter a plea (as you do in the initial appearance), and the basis for the case against you must be established. There is a screening process to weed out weak cases because forcing you to trial on a vague and unestablished case is inconsistent with your legal rights.
What you do after you have been arrested and charged with a crime could dictate whether you face legal consequences and how serious they are. You can help or hurt your own criminal defense based on your own actions. Regardless of the charges against you, there are things that you can do to put yourself in the position to get the best possible legal outcome in your case. Here are four tips for you to consider as you seek to build the strongest possible criminal defense in your case. Hire an Experienced Attorney Immediately You should never try to face the criminal justice system on your own. Law enforcement has seemingly unlimited resources that they can use in your case. You are up against an experienced prosecutor who knows the process well. Although they may have many cases on their docket, they know how to move along the ones that … Continued
Being arrested and charged with a crime already puts you in enough legal jeopardy. There are things that you can do that can actually make your own legal situation worse. Nearly all of these mistakes are made by people who do not have an experienced criminal defense attorney. The longer you go without legal representation, the more likely you are to make an error that can handicap your criminal defense. What follows are common mistakes that defendants make that may increase the chances of being convicted or can lead to stiffer penalties when they are sentenced. You should retain counsel immediately to avoid making them. Speaking to Law Enforcement (Especially Without an Attorney Present) Some people may think that they can just give their side of the story to law enforcement and talk their way out of trouble. Talking is perhaps the worst thing that you can do after you … Continued
Everyone is familiar with the courtroom scene where the lawyer stands up and says, “Objection, your honor.” The judge then rules on the objection, deciding whether to sustain it or overrule it. If the judge sustains the objection, opposing counsel cannot continue with that line of questioning. Your lawyer must be quick on their feet, or else you would lose the right to object. In other words, silence amounts to a waiver of the objection.
In criminal cases, defendants must make crucial decisions with the help of their attorney at various stages of the process. There is no more important decision that you will make than whether to go to trial. If you lose at trial, you can face a more serious jail sentence than if you accepted a plea deal. Nonetheless, it may make sense to go to trial, even if you have done some (or all) of what the prosecutor alleges. Your attorney will give you the best advice about how to proceed in your case.
Any criminal defense attorney will advise their clients that it is never a good idea to speak to police without the presence of your lawyer. When you talk to the police on your own, bad things can and will happen. It is very rare that you can clear your name without getting yourself into further trouble.
An arraignment is your initial appearance in court for your criminal defense case. It is one of your constitutional rights to be presented with the charges against you. It is one of the defendant’s first chances to appear in front of the judge, even though your case will not be won at an arraignment. However, do not make the mistake of thinking that the arraignment is a formality.
Even though prosecutors must prove their case beyond a reasonable doubt to obtain a conviction, they have a number of advantages over criminal defendants. While the law demands that you are innocent until proven guilty, prosecutors have a number of powerful tools that they can use to further their chances of winning a conviction, making it even more important for you to have a tough and experienced criminal defense attorney.
Who you choose as a criminal defense attorney could make a large difference in the outcome of your case. Not every attorney is the same. Different attorneys have varying styles, and some make work better for your situation. Between price, level of service, and legal strategy, you are putting quite a bit in your lawyer’s hands. Oftentimes, you do not have a long period of time to decide on a lawyer. Here are some things to look for when you are choosing a criminal defense attorney.
When you are applying for a job or up for a background check, one of your bigger worries is that people will find your criminal records. Such a discovery could make them take back a job offer or keep them from giving you a place to live. Even after your sentence is completed, you may be living with the effects of a conviction for the rest of your life. In fact, anyone with the knowledge (or who is obligated) can access much of your criminal record (including potential partners and friends) and leaves you vulnerable to the other effects of criminal charges. Mistakes that you make can follow you in life for a long time.