why do i need an attorney for a crime

by Rhett Brown 6 min read

If the prosecutor does not follow the above laws, the crime victim needs an attorney to protect the interests of the crime victim and work to undue any ruling that resulted from this failure.

So, if you have any reason to believe that you are under investigation for a crime, you should have a lawyer at your side. An experienced attorney will know how to protect your constitutional rights and prevent you from giving potentially damaging statements or other evidence to police.

Full Answer

Why do I need a criminal defense attorney?

Why should I hire a lawyer?

Do I need a lawyer for every legal matter?

Oct 01, 2021 · Having a criminal attorney who is intimately familiar with the facts and circumstances of your case, your background, nature of the offense and the court where your case is venued is vital to knowing what you are facing, what defenses are available to you and the steps to obtain a satisfactory resolution.

What types of cases can a criminal lawyer represent?

Apr 15, 2018 · Here are three reasons you should consider hiring an attorney in this case. 1. Getting a More Favorable Deal. When you agree to plead guilty, you may be doing so as part of a plea bargain, where you make a deal with the prosecutor to plead in …

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Why is it important to have an attorney?

An Attorney Can Help You Avoid Problems.

You will understand all the aspects of your contract or what you need to have in place before starting a business. Based on all these reasons, it just makes sense to use an attorney.
Sep 22, 2017

Why do attorneys protect criminals?

The shortest answer to the concern is that defense lawyers know that in order to protect the innocent every accused person deserves effective representation. They also understand every guilty person deserves a fair sentence, just as the victim of their crime deserves justice.Dec 20, 2021

Do lawyers have to defend the guilty?

A lawyer must provide a vigorous defence regardless of the crime their client is accused of or the evidence against them. The criminal justice system is built on the concept of a person being presumed innocent until their guilt is proved “beyond a reasonable doubt”.Jan 27, 2022

Do lawyers lie for their clients?

In NSW, that body is called the Law Society of New South Wales. The ethical standards do not prevent criminal lawyers from representing a client they know is guilty, but the lawyer will not be able to lie or knowingly mislead the court on their client's behalf.Dec 18, 2014

Can a person commit a crime?

Any person can commit a crime, either consciously or not . Sometimes even actions that seem harmless, funny, or appropriate may result in lawsuits with serious penalties. Whether your crime was intentional or not (especially where the crime may result in imprisonment), it is always important to have a good criminal defense attorney fighting for your case.

What is plea bargaining in criminal defense?

These arrangements, often called “plea deals” or “plea bargains,” are meant to reduce the burden on the court in exchange for lessening your potential sentence or removing some of the charges brought against you.

What can a criminal defense attorney do?

In the event that you are found liable or guilty for the crime you are accused of, your criminal defense attorney may have the capacity to work your sentencing in a way that would lessen your penalty. For example, instead of going to jail for murder, an experienced criminal lawyer may argue for you to be tried for manslaughter or when accused of rape, have the charge reduced to sexual harassment or indecent behavior. Thorough investigation of the case and the procedures law enforcement followed (or didn’t follow) may uncover mistakes, broken or misapplied laws that could provide you leverage you would never have thought you had!

Is it bad to go to court unrepresented?

There is a big difference between studying and practicing law and experience with the court system can play a huge role in the final outcome of a trial. Although it might make sense to represent yourself or forgo representation because of your innocence, it is a huge risk and it is almost always a bad idea to go to court completely unrepresented!

If I Am Pleading Guilty to a Crime, Do I Need An Attorney?

You have been charged with a crime and decided you will enter a guilty plea. You may think this means you do not have to hire an attorney for your case. However, this decision could lead to unforeseen consequences.

1. Getting a More Favorable Deal

When you agree to plead guilty, you may be doing so as part of a plea bargain, where you make a deal with the prosecutor to plead in return for a particular sentence. If you have no law background, you could make a deal that is less favorable than what you deserve.

2. Making Sure Everything Is Done Correctly

If you have never entered a plea before or have no legal background, then you have no way of knowing if you’re following all the proper procedures. You may not know how to voice an objection if something happens that you didn’t expect or feel is unfair.

3. Understanding the Potential Consequences of Your Plea

When you accept some conditions of a plea, such as probation or time-served, you will find they may have consequences you did not anticipate. For instance, if you plead guilty to a violent misdemeanor, you may not buy a firearm in Delaware. You should thoroughly comprehend the potential outcome of a guilty plea.

Contact Our Criminal Lawyers in Wilmington and Newark

Are you considering entering a guilty plea to a crime? Consult with one of the experienced attorneys at Rahaim, Saints & Walstrom before you do. We can help secure a deal you will be satisfied with. Contact us online or give us a call at 302-526-4655 in Wilmington or 302-360-8277 in Newark.

Defence or Defense?

A quick internet search will show definitions for both defence and defense. These are two different spellings of the same word. In America we commonly use the spelling: defense. Other English speaking countries may use the alternate version: defence. When referring to defense attorneys, in the United States, the defense version is used.

Broad Spectrum of Criminal Law

Criminal lawyers, also known as criminal defense attorneys, are usually qualified to represent a wide variety of cases. Since the law is vast and complex, criminal lawyers are prepared to represent clients with a variety of cases. A quality criminal defense attorney can represent a DUI case, assault case, white collar crime case and a murder case.

What Does a Criminal Defense Lawyer Do?

Criminal defense lawyers represent clients in federal, state and municipal courts. They are prepared to engage in a variety of proceedings including:

Defense Attorneys Know the Intricacies of the Law

Most laws are complex statutes written in complex language. Nuances of the law can be buried in lengthy passages describing all the exceptions and aggravating circumstances of a law. Additionally, case law evolves over time adding complexity to every statute.

Criminal Defense Attorney Needed

In the majority of criminal matters, a person is best served by obtaining a knowledgeable criminal defense attorney. The knowledge and expertise of a quality lawyer can make or break a case. Don’t waste a day in jail or pay an unnecessary fine, if the right advice can lead to dismissal or probation.

Experienced Criminal Defense Attorney

Michael P. Chomiak is an experienced Chicago criminal defense attorney, determined to advocate for his clients. Throughout the years, he has extensively studied Illinois law and has represented numerous clients. He treats every case individually, and seeks to give every client the defense they need. Contact Michael P.

Self-representation

You will always have the right to represent yourself unless the court deems you incompetent to waive the right of counsel. Representing yourself in court makes youa pro se defendant.

Public defenders

Defendant that cannot afford to hirea private criminal defense lawyer have a right to a court-appointed attorney if they face imprisonment of more than 6 months.

Private criminal defense lawyers

With any criminal charge, you'll have the option to hire a private criminal defense lawyer. If you meet certain income requirements, you may be constitutionally entitled to a public defender. However, public defenders typically face significantcaseloads. These attorneys may not have much time to devote to your cause.

When to hire a criminal defense lawyer

Hiring a lawyer is almost always a good idea, but charge severitymay influence your decision. For example, a misdemeanor is unlikely to have serious long-term consequences. However, felony charges can permanently change your life.

What a criminal defense lawyer can do for you

A criminal defense attorney can help you see your case through to closure, whether that means a plea bargain or a full trial. When you first consult with an attorney, that attorney can help you understand the following areas:

What to look for in a defense lawyer

Defense attorneys can specialize in a particular area of the law, such as driving under the influence charges, white-collar crimes, and drug charges.

Questions to ask a criminal defense attorney

When dealing with a criminal defense attorney, you'll want to ask the following questions to ensure a good defense:

Do I need an attorney for a speeding ticket?

Not every legal matter requires the use of an attorney. Fighting a speeding ticket and going to small claims courts are two examples. However, in many other situations involving a legal dispute, challenge, or deal, you may not wish to chance the risks of going it alone without the advice of an experienced lawyer who can help you out. In fact, while good legal representation may not be cheap, it can help get you out of a number of sticky situations, such as a bad divorce, lost job, or DUI violation.

What happens if you are not a lawyer?

Even experienced lawyers typically do not represent themselves in court. Also, attorneys tend to specialize in one or more legal practice areas, such as criminal defense or tax law.

What is at stake in a civil case?

What's at stake? A criminal case may determine whether or not you spend time behind bars, while a civil case could hurt you financially. Besides, there are many civil attorneys who don't actually collect a dime from you unless they win your case. Also, you may be able to claim legal fees as a plaintiff in a civil case, so hiring a lawyer can actually save or make you money.

Can a civil case hurt you financially?

A criminal case may determine whether or not you spend time behind bars, while a civil case could hurt you financially. Besides, there are many civil attorneys who don't actually collect a dime from you unless they win your case.

What happens if you don't have an attorney?

If you're not an attorney, you may struggle with the deadlines and protocol for properly filling out and filing certain legal documents. One late or incorrect filing could derail your case, delay a given legal procedure or worse - have the case thrown out altogether (and not in your favor).

What do attorneys depend on?

Attorneys depend on an extended network of professionals to help their clients ' cases. Most non-attorneys don't personally know the types of professionals who can help with discovery or challenge evidence or testimony by the opposing party.

Is it better to plead guilty or admit fault?

Pleading guilty or admitting fault isn't the only choice, even if there's evidence pointing directly at you. When you hire a lawyer, they can explain all of your options and can help you avoid potentially severe penalties even before a trial begins. 7. It's Always Better to Avoid Problems Rather Than Fix Them Later.

What does a defense lawyer do?

Defense counsel also provide more personal services by giving the defendant a reality check as to the possible outcomes and by helping the defendant to deal with the frustrations and fears resulting from being thrown into the criminal justice system. And of course, if no plea deal can be made, the defense lawyer represents the defendant at trial.

What is a defense attorney?

Within the complex criminal justice system, a defense attorney serves as the defendant's guide, protector, and confidant. (At least that's how it's supposed to be.) Defense attorneys are usually grouped in two camps: court-appointed attorneys paid by the government and private attorneys paid by the defendant. ...

Why is deal making important?

Because of a number of factors—political and public pressure, overcrowded jails, overloaded court calendars—deal-making has grown in importance and has become an essential element in unclogging the criminal justice system.

Can a defendant represent themselves?

What is clear is that being represented by a lawyer is almost always the best option. Nevertheless, some criminal defendants represent themselves. The decision of whether a defendant can self-represent is ultimately made by the judge, not the defendant. The judge is required to determine the defendant's competency.

What does it mean to be a witness?

When you are acting as a witness, you will be dealing with two attorneys (the prosecution and the defense) each of whom have a legal obligation to do whatever is in the best interest of their client, even if this means attempting to trap you into a lie or spin your involvement in the event to appear differently than the truth. Having an attorney of your own will help protect your interests throughout this experience.

What happens if you give inaccurate information to the court?

When you are a witness you will need to swear to tell the truth, the whole truth, and nothing but the truth, and the courts take that very seriously. Having an attorney with you can help ensure you are answering honestly so the courts don’t think you are lying or withholding information.

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Negotiations and Plea Bargains

Sentencing

  • In the event that you are found liable or guilty for the crime you are accused of, your criminal defense attorney may have the capacity to work your sentencing in a way that would lessen your penalty. For example, instead of going to jail for murder, an experienced criminal lawyer may argue for you to be tried for manslaughter or when accused of ra...
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Emotions and Reality Checks

  • Face it…we are all more passionate about our own experiences, actions, and reasons than anyone else. Combine this passion with feelings of depression, fright, embarrassment and the overall stress of criminal proceedings and it can take a big toll on a person’s ability to make objective decisions. When it comes to criminal charges, trials, and sentencing, some things that feel impo…
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Loopholes and Technicalities

  • We hear the terms all the time in crime dramas on TV and sensationalized real cases in the news. A dismissal caused by a technicality or loophole can be the result of police officers, prosecutors, or someone else in the law enforcement chain not following procedures or laws that are in place. As American citizens, we are guaranteed certain rights and freedoms. There are thousands of la…
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Hidden Costs of A Guilty Plea

  • In most cases, the desire by all sides is to avoid a lengthy and expensive trial. This can be done through “bargaining” for a guilty plea – the state gets to save the money and resources they would need to prove your guilt at trial and, in exchange, you receive a reduced penalty. However, a guilty plea may have consequences that you are unaware of such as losing your right to own a gun or …
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Witness Statements

  • Experience allows criminal defense attorneys to effectively assemble proof and proclamations from witnesses. With self or no representation, witness or victim statements can be unattainable because of fear or unwillingness to talk to the defendant. Criminal defense attorneys also have a wide range of resources they can call upon including private investigators and expert witnesses, …
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The Verdict on Criminal Defense Attorneys

  • There is a big difference between studying and practicing law and experience with the court system can play a huge role in the final outcome of a trial. Although it might make sense to represent yourself or forgo representation because of your innocence, it is a huge risk and it is almost always a bad idea to go to court completely unrepresented!
See more on keithclelland.com

Are You in Need of An Experienced Criminal Defense Attorney?

  • If you live in Erie County and need an experienced criminal defense attorneyto help you with your criminal case, call today!
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