Q: When Should You Contact A Criminal Defense Attorney?
A: You should contact a criminal lawyer immediately if you are arrested for an offense or if there are clear signs you are under investigation for criminal activity. Even during the investigation phase, you need an experienced criminal defense attorney to ensure your rights are protected.
Q: Why Do You Need A Criminal Defense Attorney?
A: A criminal defense attorney can ensure your rights are protected, evaluate the charges being filed against you, plan a legal defense, and effectively negotiate on your behalf with prosecutors and judges. Your attorney might be able to uncover evidence that could motivate the opposition to withdraw the charges against you. The earlier you retain a lawyer's services the better off you will be. Early involvement will allow your attorney adequate time to uncover evidence to support your case, and also to guide you in your actions to avoid further problems and create a positive image.
If charges are filed against you, your criminal attorney can thoroughly evaluate your case and determine if going to trial is to your advantage. If a trial is advantageous, your lawyer can utilize their expertise and knowledge to out do the prosecution and fight the case when a not guilty verdict is likely. If a trial is not in your best interest, a good criminal attorney can stonewall the prosecution and draw out the case for months and sometimes years. A good criminal attorney is an expert at negotiation and can obtain a very favorable plea deal when the negotiation is handled properly.
Q: Should You Speak With The Police?
A: Absolutely not! Never. Do not talk to them, even if they ask you what appear to be non related questions. Never sign anything or make any kind of statement. When you are being accused of a serious crime, it is human nature to want to defend yourself and give your side of the story. Never do this! Some detectives and law enforcement officials will say or do almost anything to attempt to trick you into giving them a statement. Some will rely on scare tactics and intimidation to shake you up. They will lie when it is to their advantage and do whatever is necessary to get you to confess to something. Their objective is to build a solid case against you to deliver to the prosecution in hopes of getting a conviction. Any potential statement you provide, even if it is in defense of yourself and denying the charges against you, will be damaging and detrimental at trial. The only words you should ever say in this situation are, "I would like to speak with my lawyer."
Q: What Does Proving Guilt "Beyond A Reasonable Doubt" Mean?
A: It is the prosecution's job to convince the judge or jury that your guilt has been proven "beyond a reasonable doubt". The good news is that this is not an easy criteria to meet. A judge or the jury (either can decide the verdict in different scenarios) must have no doubt whatsoever about the prosecution's case in proving the defendant's guilt. A good criminal defense attorney is an expert at creating reasonable doubt. There is a very high standard placed on the prosecution in a criminal case. When you have an aggressive criminal defense lawyer disputing their evidence and creating reasonable doubt whenever and however possible, your chances at a favorable outcome improve exponentially.
Q: Am I Guaranteed A Jury Trial If I Am Charged With A Crime?
A: Yes. The United States Constitution states that any person accused of a crime has the right to a trial in front of a jury of their peers. When the 12 person jury is unable to unanimously make a decision to find a defendant guilty or not guilty, a hung jury takes place. Unless the district attorney chooses to retry the case, the defendant will go free. In most cases the prosecution will not opt to try again, unless the case is high profile or they feel truly offended by the crime. Needless to say, the jury selection is crucial in your criminal defense. The jury members are selected in a process where the judge, the prosecution, and the defense attorney attempt to screen anyone that shows bias or is unfit for jury duty. A good criminal defense attorney is far superior to the prosecution in regards to jury selection. This will prove to be an advantage to your criminal trial, and can sometimes be the key to victory.