What you need to know about hiring a CRIMINAL DEFENSE ATTORNEYS
If you are looking at some serious penalties or time in
prison, you will want to have the best criminal defense lawyer fighting for
you.
If you are looking at prison time or a hefty criminal
penalty, you should most likely look to hire the best criminal defense lawyer
possible, unless your income qualifies you to get a court-appointed lawyer. To
put it simply, the legal system is designed in such a way that, even if you
have a great mind and a high IQ, representing yourself in a criminal trial in a
competent manner is almost impossible. Because no one criminal case is exactly
like another, criminal defense lawyers are trained to pick out the special
portions of each case that make them unique. In addition, the best criminal
defense lawyer for you may be able to spot certain arguments and factors that
could mitigate or even negate any potential crime. When it is all said and
done, getting an attorney to represent you in your criminal trial is a
necessity.
A criminal defense lawyer has many jobs. In addition to
calling witnesses in your defense and cross-examining witnesses that the
prosecution puts forward, your criminal defense attorney may also:
Work with you and the prosecutor to negotiate a
"deal." These deals, also known as "plea bargains" can
often reduce your potential sentence or eliminate some or all of the charges
brought against you. However, prosecutors are often unwilling to negotiate with
defendants that represent themselves.
Figure out a good sentencing program for your situation. In
the event that you are found guilty, your criminal defense attorney may be able
to work your sentence in a way that would prevent you from winding back up in
the criminal justice system. For instance, instead of going to prison for 10
months, your criminal defense attorney may suggest that you go to prison only
for 6 months and spend the remaining 4 months in a drug treatment facility to
help you with the drug problem that landed you in trouble in the first place.
Help you with the emotions that often go along with criminal
trials. Defendants in criminal prosecutions often feel embarrassed, depressed,
and fearful and can also suffer from low self-esteem.
Provide you with a reality check. Defense lawyers often know
what is going on much better than you will during your criminal trial. Defense
attorneys have the advantage of remaining objective throughout a proceeding and
can offer insights into how the trial is actually going and what is likely to
happen in the near future. These assessments and reality checks are often
essential when a criminal defendant is trying to decide whether or not to
accept a prosecutor's plea bargain.
Point out important legal rules and regulations that you
would most likely never find on your own. Many rules and laws about criminal
prosecutions are buried within regulations and laws, and even prior court
opinions. For example, if you were to represent yourself, you may never know if
the search that the police conducted of your apartment was lawful or not
without understanding the many nuances and intricacies surrounding the 4th
Amendment of the United States Constitution.
Navigate your case through the state legal system where your
case is being heard. In addition to written rules, such as the local rules of
court, that must be obeyed and followed, there are often many "unwritten
rules" that go along with each jurisdiction. For example, if only certain
prosecutors are able to make and approve plea bargains, your criminal defense
lawyer may save you time (and maybe even jail time) by talking to the right
person the first time.
Explain about some of the "hidden costs" that come
along with pleading guilty. Many people that represent themselves never think
about the consequences of pleading guilty if it could lead to a shorter sentence.
For example, if you plead guilty, you may find it very hard to find a job once
you have completed your punishment.
Be able to spend more time and effort on a case than a
defendant that chose to represent himself (after all, it is the attorney's job
to represent you!).
Be able to more easily gather evidence and statements from
witnesses that are going to be called by the prosecution. Many witnesses,
understandably so, refuse to give statements or information to people that were
allegedly involved in a crime, for fear of their own safety. However, these
witnesses are often much more willing to talk to an attorney about their
upcoming testimony.
Find and hire investigators that can investigate not only
the alleged crime but also the witnesses that the prosecution is going to call
to the stand. If these investigators can find evidence that would make a
witness's testimony less believable, this could help your case tremendously.
Find and hire "expert witnesses" that may be able
to present evidence that would tend to show your innocence or rebut evidence
that the prosecution presents which would make the prosecution's case less
credible.
(FLORODA, ARIZONA, MARYLAND, GEORGIA, CALIDORNIA, NEW JESEY)
Source: Findlaw.com
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