When Should You Hire a Criminal Attorney? If you have been accused of a serious crime, you need to hire a criminal attorney as soon as possible. Contrary to what the police would have you believe, asking for a lawyer is not an indication of guilt. Rather, it is just a way to ensure that your rights are protected as you are making your way through the justice system. Your lawyer can do the following things for you: Challenge the police claims of probable cause as well as questioning the circumstances of your arrest. Argue for your release on a lowered bail. Examine and analyze the particulars of your case and discuss your options with you (i.e. if you should plea bargain, go to trial or plead guilty in exchange for a reduced sentence). Negotiate on your behalf with prosecutors for a plea bargain. To better understand when to hire a criminal defense attorney, here is a short overview of the criminal justice process: The first stage of the process is the investigation. Police believe that a crime has been committed and are in the process of gathering evidence, including interviewing witnesses and collecting forensic evidence. If you believe that you are the subject of an investigation, you might already want to speak to an attorney in preparation for a possible arrest. Following the investigation, the police will usually make an arrest if they believe they have identified a suspect. If you are arrested, it does not mean that you are being formally charged with a crime. It only means that the police have probable cause (i.e. a reasonable suspicion) to believe that you are guilty of a particular crime. When the police arrest you, they are required to inform you of your rights, including your right to a lawyer. If you plan to challenge the arrest, then you should retain a lawyer at this point. Note that the period that the police can detain you following the arrest is limited (usually around 24 to 48 hours) before they either have to charge you with a crime or release you. They can only detain you for a longer period if they file formal written charges against you. The final stage of the process is an arraignment. At this point the charges against you will be heard in open court and you will be asked to make a plea of guilty or not guilty. You will definitely need an attorney to represent you at the arraignment and ensure that your rights are protected. Before you reach this point in the process, you should already have hired a lawyer and have decided on your next move. Your lawyer may either plead not guilty on your behalf or negotiate a plea bargain with the prosecutor. If you plead not guilty, your lawyer will request that you be released on bail. Bail is a security, either in the form of money or property, which the defendant puts up to ensure that they will appear at future legal proceedings, including the trial. If you have strong ties to the community, your lawyer may request that you be released on your own recognizance, without bail.
Posted on: Tue, 16 Sep 2014 14:32:24 +0000
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