When Should You Hire a Criminal Defense Attorney?
Naturally, if you go to court for criminal charges, you want an attorney in your corner. However, even before the trial (or if you forgo a trial), you may need a skilled attorney to help you get out of trouble or reduce your sentence. If you would like to learn more, check out these four instances when a criminal defense attorney is imperative.
1. The Police Are Interested in Talking to You
If you are a suspect or person of interest in a criminal case, the police may want to talk to you. If the interrogation is a custodial investigation, your Miranda rights kick in, giving you the right to counsel, even if you can't afford your own attorney. A custodial investigation typically refers to any interrogation where you aren't free to leave.
Once you've requested an attorney, the police can no longer talk to you until the attorney is present. If you continue to talk without an attorney present, you may inadvertently waive your rights. A skilled attorney will prevent you from answering questions that may incriminate you or corner you. They can also speak on your behalf so you don't accidentally say anything incriminating.
2. You've Been Arrested and Charged
If you've been arrested and charged for a crime, contact an attorney as soon as possible. The main reason for this is to preserve evidence to bolster your case. For example, if a witness saw the crime in question or they saw you far from the location of the crime, getting a statement early is crucial. As time passes, the witness's memory may become foggy.
An attorney can also guide you on the best course of action for your situation, such as proving innocence versus accepting a plea bargain. Plus, they can fight for you when it's time for your bail hearing. They may be able to reduce your set bail or remove unfair stipulations to your bail.
3. The Police or Courts Made a Mistake
Everybody makes mistakes, including police officers and the courts. When the legal system makes mistakes, however, it can lead to major consequences. Therefore, if you believe the police or courts have made any mistake before, during, or after your arrest, you need an attorney. Common mistakes include illegal search and seizure, excessive force, and forgetting to notify you of your Miranda rights.
In some cases, your attorney may be able to flip the tables and sue the police for wrongful arrest. However, you can't sue just because the courts later decided the guilty verdict was wrong. For example, if new evidence appeared that exonerated you, you can't sue for false arrest. However, if the officer who found the evidence purposely hid or destroyed it, you may have a case.
4. You Want to Accept a Plea Bargain
If you committed the crime for which you are accused, you may want to accept a plea bargain instead of going to court. Your attorney can help you determine if a plea bargain is the right deal. For example, if there is a lot of evidence against you, you'll probably be found guilty. A plea deal will save you time, stress, and money over a court hearing.
In most cases, a plea deal has a reduced sentence, reduced charge, or fewer charges. Therefore, if you and your attorney feel you will be found guilty anyway, a plea deal could result in a significantly reduced sentence.
A good attorney can help you before, during, and after an arrest. They have the right advice and knowledge to help you prove your innocence or reduce your punishment. For more information, or if you're ready to talk to an attorney, contact us at Kanehl Law Firm PLLC.