Although the criminal defense process may be lengthy, much happens immediately following your arrest. What occurs in these early moments could set the stage for the rest of the criminal defense process. If you make any key mistakes during this time, or you miss a chance to go on offense when the situation calls for it, it may be far more difficult for you to obtain the best possible legal result. Accordingly, you need to contact a criminal defense attorney from Hogan Eickhoff early in the legal process. They can immediately go to work to protect your legal rights and begin to plot the legal strategy of your defense.
Law Enforcement Could Get You Talking
Police officers have every incentive to get you talking as much as possible. They know that they can use your own words against you to potentially secure a conviction. Even though police may have read you the Miranda warning, they still have clever ways around your rights. It is still possible that police may either trick you into saying something or they have skirted around the edge of your legal rights. In that event, what you say may actually be used against you at trial as the prosecutor seeks to win a conviction in your case.
When you hire a criminal defense attorney right after you have been arrested, police can only speak to you with your lawyer present and with their assent. If law enforcement even tries to speak with you, all you need to do is refer them to your attorney. You would not give the prosecutor any additional ammunition or evidence that they could use against you at trial. The presence of your criminal defense lawyer would keep you from making mistakes that could hamstring your defense.
Getting Legal Help Shows the Prosecutor That You Intend to Fight
The prosecutor may be hoping for a quick guilty plea. This way, they have won a conviction, and they have preserved their record of success in criminal cases. The prosecutor may think that they could quickly pressure you to plead guilty or intimidate you out of standing up for your own legal rights. The prosecutor may look at you differently when they see that you have immediately secured the help of a criminal defense attorney. Suddenly, they may treat your case differently, knowing that you have an experienced lawyer who can fight for you when necessary.
The prosecutor may approach your case more cautiously when they see that you have an attorney. Their charging decisions may be less aggressive, knowing that you may fight charges that could be seen as a reach under other circumstances. Showing the prosecutor that they are in for a fight may mean that they are far more cautious in dealing with you.
Searches and Seizures May Become More Difficult for Police
You have legal rights under the Fourth Amendment to the United States Constitution to be free from illegal searches and seizures. Law enforcement either needs a search warrant that is based on probable cause, or they need to rely on a valid exception to the requirement. Your consent makes things much easier for law enforcement because you are practically giving them evidence that they could use against you at trial.
Giving consent for law enforcement to either search your property or to exceed the scope of the warrant could have disastrous implications for your criminal case. It could increase the chances that prosecutors may win a conviction, or it could result in them pressing more serious criminal charges. When you hire a criminal defense attorney, they will give you advice on how to deal with a search of your property, which could keep you from making a mistake that could smooth the pathway to a conviction.
You Can Gather Evidence That Could Aid in Your Defense
Just like the prosecutor may use the evidence that they have against you in your criminal case, you could also use your own proof to benefit your own defense. The prosecutor uses evidence to prove each and every single element of the alleged crime. If you have evidence of your own, you could potentially negate one or more elements that the prosecutor needs to prove to win the case.
The evidence that you may need for your criminal defense may not be available for an extended amount of time. It could become more difficult to track down witnesses, and you could lose physical evidence. You would not have the ability to gather and preserve this evidence on your own, especially when you may not be allowed to contact certain witnesses and there are restrictions on your own freedom. When you hire a criminal defense lawyer early in the process, they could work to gather the available evidence that you need for your own defense.
You Are Better Able to Navigate the Legal System
The criminal justice system is an intimidating and often hostile place for defendants. Not only would you not be able to stand up for your own rights, but you may not even know about them in the first place. A criminal defense attorney knows the system, and they could explain to you how it works and what you may be facing. Although it is impossible to eliminate the uncertainty that you may be facing, hiring a criminal defense attorney early in the process could at least help you become better informed.
Contact an Appleton Criminal Defense Lawyer Today
As you can see, you cannot afford to let any time pass before you reach out to and retain a criminal defense lawyer for your case. Hours and days matter. You can schedule a free initial consultation with the criminal defense lawyers at Hogan Eickhoff by calling us today at (920) 450-9800 or by contacting us online. We have experience defending various felonies and misdemeanors including sex offenses, domestic violence, property crimes, drug offenses, and violent crimes. Our criminal defense attorneys are available to discuss your case during your consultation at all times.