why attorney keep you in jail prior to pleading

In the worst possible case, if you decide to plead guilty to avoid the potential for a worse sentence after trial, the mitigation and arguments that your attorney prepares for sentencing could make the difference between prison or probation, probation or a fine, or even pretrial diversion or a dismissal of your charges.

Full Answer

How can a criminal defense attorney keep you out of jail?

What happens when a defendant pleads guilty?

Why should I hire a criminal attorney?

Feb 19, 2020 · “How can a criminal defense attorney keep me out of jail?” One of the main reasons people hire an experienced criminal defense attorney instead of representing themselves or waiting for the court to appoint an attorney, is that they are concerned about jail time. You would want to personally discuss this question and your other concerns with an attorney because the …

Should a lawyer fight the law?

Because 1) you will not have to serve any jail time, and 2) if you can complete your length of probation, you can return to court and have all records of the original charge and plea completely erased! (The paperwork is not automatically expunged and requires a …

1. Keeping your Record Clean Through A Diversion

If you meet certain requirements (no prior Class A misdemeanors, no prior diversion or expungement of records), you are eligible for a diversion. Diversions come in two forms: 1) Pre-trial diversion, and 2) Judicial diversion.

2. Knowing What Chance Your Case Would Actually Have

You might be thinking, “Well, I know that the police have a lot of evidence against me, so what’s the point?” Imagine that you received a DUI charge. Do you know whether the police made a lawful stop of your car? It’s possible that the evidence that would be used against you was obtained illegally and would be excluded.

3. Experienced Negotiations

a) Getting the Best Deal Possible: Imagine that a prosecutor tells you that you can plead guilty to a charge and receive ten days in jail – is that a good deal or not? The prosecutor then tells you that this deal is only good for the next few seconds.

Can a private attorney dismiss a case before arraignment?

However, a private attorney may be able to get the case dismissed before the arraignment. Redd's attorney may be able to contact the arraignment prosecutor to seek a mutually agreeable outcome.

What happens before arraignment?

Before arraignment, no one in the prosecutor's office has invested a lot of time or money in the case. With less invested, it's easier to let a weak case go.

What is intake prosecutors?

First, in most parts of the country, intake prosecutors (not the police) are supposed to anal yze cases to make sure that there is evidence of guilt and that prosecution is in the interests of justice. Frequently, however, the caseload is so heavy that reviews are cursory, and weak cases sometimes slip into the pipeline. If an attorney who is well known to the courtroom prosecutor can convince that prosecutor of the weaknesses in the case, the case may get dismissed.

Can a defendant negotiate a dismissal before arraignment?

Unfortunately, this possibility generally exists only for defendants who hire private attorneys prior to arraignment.

What is a weak case exposed?

First, in most parts of the country, intake prosecutors (not the police) are supposed to analyze cases to make sure that there is evidence of guilt and that prosecution is in the interests of justice.

What happens when a defendant pleads guilty?

When a criminal defendant pleads guilty, he or she is confronting the case face-on. This means that he or she will be able to resolve the case more quickly than if he or she waited a year or more for a criminal trial.

What happens if you plead guilty to a crime?

In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial. Juries can be unpredictable. Prosecutors may uncover additional evidence that can make it more likely for a jury to convict the defendant.

What are the pros and cons of going to trial?

For example, going to trial buys the criminal defendant more time to prepare his or her defense and spend time with family before potentially going to jail. Going to trial and receiving an acquittal is the only way for an innocent person to have justice.

What is the advantage of pleading guilty?

Another advantage of pleading guilty is the expense for a lawyer is generally less when the lawyer does not have to go to trial.

Does pleading guilty avoid media attention?

Additionally, trials are very public ordeals, so pleading guilty avoids most media attention and does not subject the family to unwanted attention in the same way that a trial would.

What are some examples of criminal punishment?

For example, innocent people may be subjected to criminal punishments, such as having to go to jail and pay fines for crimes that they did not commit. Furthermore, they will now have a criminal record that follows them for the rest of their life .

Can a prosecutor get around a sentence?

In some jurisdictions, there is a statutory minimum sentence that the prosecutor cannot get around. This means that the criminal defendant will be required to serve a certain sentence even if the prosecutor and the criminal defense lawyer would otherwise agree to a shorter sentence.

Why do you plead guilty?

After all, you plead guilty because you are, in fact, guilty of some pretty nasty things. You likely deserve a scolding and a stern warning to change your ways. Accept it. Once again, don't argue, but rather, acknowledge your failures. Don't make excuses, don't debate, don't minimize, and don't blame other people.

Is it a good time to go to jail?

There is never a good time to go to jail, so you might as well get it out of the way. If you stand any chance of lessening your sentence, you better show up with bells on. When you go to your meeting, be candid and forthright with the Probation Officer (PO) by answering the questions honestly.

Can a hangover start a jail sentence?

Meanwhile, the judge, who has been twiddling her thumbs for the last two hours, has been put into a sour mood. That does not improve your odds.

What happens if you fail to appear at sentencing?

that there will be a pre-sentence investigation (at least in New York) he/she will advise you that if you fail to appear at sentencing or your pre-sentence interview, he or she can sentence you, even in your absence, to the maximum allowed by law.

What happens if you don't show up in court?

If you fail to show up at court, it will only get worse. Running translates to an ever-increasing amount of jail. There is never a good time to go to jail, so you might as well get it out of the way. If you stand any chance of lessening your sentence, you better show up with bells on.

What to do if you can't take the probation step?

If you can't take that step, a court might feel that the best option is to not rehabilitate you , but rather, to keep you out of society. Lastly, in regard to the interview (and future dealings with the probation department), be on time and be polite, contrite, humble, and submissive.

Why do judges take your arguments with a grain of salt?

The bottom line: the judge is going to take your attorney's arguments with a grain of salt because he/she knows the real story is going to come from you. In the end, it is up to you to keep your ass out of the fire. Listen to your attorney, look for the judge's response, and adjust accordingly.

Why is it important to speak to a criminal defense attorney?

After all, the consequences can be far reaching and hard to overcome. That is why it is so important that you speak to a private criminal defense attorney that you know will have your best interests at heart and who can advise you as to whether you should take that plea bargain or not.

Why do defense attorneys get paid?

A defense attorney may also cause the prosecution to offer a better deal simply because they see that you are prepared to fight for your rights. Prosecutors are paid to get convictions and usher as many cases through the system as quickly as possible.

What to do before accepting a plea bargain?

If you have not yet talked to an attorney representing your interests, this is probably the first thing you should do before accepting a plea bargain. A criminal attorney will be familiar with the legal process and can determine whether the offer you are receiving is a good one. Remember, you may have some familiarity with the criminal process from your own experience or that of your friends or family, but your attorney has probably seen and handled many more cases and will have a better feel for current prosecution trends, possible sentences, etc. An attorney can also analyze the evidence against you and determine whether there may be ways to dispute the charges against you. If the prosecution realizes that its case may not be very strong, they may be willing to make a better plea bargain to avoid the possibility of losing.

Why do prosecutors get paid?

Prosecutors are paid to get convictions and usher as many cases through the system as quickly as possible. If you have a defense attorney the prosecutor will recognize that this could lead to additional work and time spent on your case and may offer a better deal just to speed things up and avoid the additional labor. 2.

Do public defenders negotiate pleas?

This leads to situations where public defenders and prosecutors “negotiate” pleas to push cases through the system faster, even when your case may be strong enough to go to trial.

Why do people offer plea bargains?

But plea bargains are sometimes offered because evidence against you is flimsy and the prosecutor believes they might lose at trial.

Do prosecutors have to be a government employee?

They are not required by law to make decisions to help you or offer legal advice that is in your best interest. Prosecutors are government employees who represent the state and operate from the assumption that you are guilty. It is literally in their job description to get as many convictions as quickly as possible.

What happens when a defendant presents his grievance?

The defendant presents his grievance, the defendant’s lawyer responds, and the judge normally asks questions to clarify the dispute. The judge will attempt to resolve the disagreement without having to appoint a new lawyer. If you seek a hearing, you must be prepared with organized and specific reasons.

Can a court give a new attorney more time to prepare for trial?

This would be done without court intervention. Be aware that a court may not give a new attorney much additional time, if any, to prepare for trial. You must, therefore, always consider how a decision to change lawyers might affect trial strategy and preparedness.

Is a court appointed lawyer better than a retained attorney?

Court-appointed lawyers aren't necessarily less skillful than retained counsel and are often just as good or better. Still, some situations call for a request for a substitute. By Thomas Seigel, Attorney and Former Federal Prosecutor.

Which amendment guarantees the right to legal counsel in all felony cases?

Updated: Dec 15th, 2020. The Sixth Amendment guarantees the right to the assistance of legal counsel in all felony cases. If a person does not have the financial means to hire an attorney, courts will appoint a lawyer free of charge in all cases, including misdemeanors, that have the possibility of incarceration.

Is a private attorney better than a public defender?

Although any one lawyer might be better than another, the general assumption that private attorneys are better than public defenders is not true. Consider the following: Most public defenders are committed to the cause of justice and want to help you get the best result possible.

Do public defenders have the resources of a public office?

They have the resources of a publicly-funded office (including investigators), which private attorneys might not have.

Can private attorneys match criminal court hours?

Few private attorneys can match the number of hours spent in criminal court by these lawyers, and their knowledge of the criminal justice system and the players in the courthouse generally works in your favor.

What happens if you meet with a lawyer?

If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.

What is the duty of a lawyer?

Your lawyer has a duty to pursue your legal action with zealous representation. That’s legal-speak for the concept that the lawyer should do everything that’s reasonably feasible to advocate for, or represent, their client.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

Is lack of communication a problem for lawyers?

Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it.

Do lawyers have to be busy?

Yes, legal practice s are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone calls or emails within a reasonable amount of time.

Do you need to take legal advice from a paralegal?

You don’t need to take legal advice from an assistant or paralegal. They should relay your question to your lawyer, and then relay the answer back to you if the lawyer doesn’t get back to you directly. Still, you should never feel like you’re being left in the lurch or that you can’t get a response from your lawyer.

What happens if a case is a smaller case?

It’s possible that person doesn’t have a strong grasp of the particular area of law that’s relevant. The other thing that could happen is that as a case progresses, it could begin to involve areas of law outside your lawyer’s expertise.

Who Has the Right to Plead the 5th?

A defendant in a criminal trial may exercise their right against self-incrimination under the 5th Amendment. If the defendant exercises that right, they do not take the stand at all. A witness in a criminal trial has a similar right against self-incrimination; however, a witness can be compelled to take the stand.

Reasons For and Against Pleading the 5th

Though the Supreme Court has held that pleading the 5th must not be considered evidence of guilt in a criminal proceeding, there’s still a likelihood that jurors will do that, even if the judge instructs them not to.