why should i hire a attorney if i plan to plead guilty

by Garrison Hirthe DDS 5 min read

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 return for a particular sentence.

A lawyer can help make sure you understand the charges against you, the potential penalties, and the strengths and weaknesses of the prosecution's case. A lawyer will protect your rights, can negotiate a plea to a lesser charge or a less severe sentence, and will explain the consequences of a guilty plea.Jun 1, 2020

Full Answer

Do you still need a lawyer if you plead guilty?

Working with an experienced criminal defense lawyer can help you better understand the charges against you as well as collateral consequences to a guilty plea. An attorney will protect your rights, and may be able to help you negotiate a better plea bargain.Oct 3, 2019

Is it better to plead guilty in court?

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.

Do you believe that it is better to plead guilty than going to trial and found guilty?

Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.Oct 18, 2021

Why do most defendants plead guilty?

Some defendants plead guilty to take the blame (sometimes called the "rap") for someone else, or to end the case quickly so that others who may be jointly responsible are not investigated.

What happens if plead guilty?

What happens if I plead guilty? Pleading guilty means that you admit you did the crime. If you plead guilty, the court will decide what should happen next, which could be a fine or a prison sentence.

Can a case be dismissed after pleading guilty?

Sometimes the judge will dismiss the charges if the defendant withdraws their plea based on new evidence of their innocence. A judge is more likely to accept a guilty plea withdrawal in the earlier stages of a case or soon after the plea was made.Oct 18, 2021

What are the 3 types of plea bargains?

Plea Bargaining: Areas of Negotiation – Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.

What are the pros and cons of plea bargaining?

As a pro, plea bargaining allows you to avoid the worst outcome. You can work with law enforcement to provide details or admission of guilt. In exchange, you will face less time in jail, or even no time at all depending on the deal. On the downside, this conviction will stay on your criminal record.Jan 21, 2021

What is beyond reasonable doubt in law?

To put it another way, the phrase “beyond reasonable doubt” means that the decision maker should be certain that the accused is guilty. In this case, the trial judge found that with all of the circumstantial evidence combined, there was no reasonably innocent explanation for it.Jul 5, 2017

Why do so many people plea bargain?

Defendants' Reasons for Plea Bargaining For a defendant in a criminal case, plea bargaining provides the opportunity for a more lenient sentence than if convicted at trial, and to have fewer (or less serious) offenses listed on a criminal record. There's also the natural tendency to want to trade risk for certainty.Mar 14, 2019

What is the plea bargain process?

Plea bargaining usually involves the defendant's pleading guilty to a lesser charge, or to only one of several charges. It also may involve a guilty plea as charged, with the prosecution recommending leniency in sentencing. The judge, however, is not bound to follow the prosecution s recommendation.Nov 28, 2021

What is the first step in a trial?

Choosing a Jury. Except for rare cases that are heard only by a judge, one of the first steps in any criminal trial is selection of a jury. ... Opening Statements. ... Witness Testimony and Cross-Examination. ... Closing Arguments. ... Jury Instruction. ... Jury Deliberation and Verdict.Feb 20, 2019

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.

A Lawyer Holds Prosecutors to their Burden of Proof

As a former prosecutor and now as a criminal defense lawyer, I’ve seen it all. I know that police officers and prosecutors overreach and over-charge. But I’m less concerned with what the police say happened that I am with whether the arrest was conducted properly and what the prosecutor can prove.

How a Lawyer Can Help

Police officers are most concerned with getting information they can use to help prove you guilty. It’s not their job to explain the nature of the charges against you, and they’re not on your side.

What does a DUI lawyer do?

A good DUI lawyer might even be able to help you get no jail time, even if you are found guilty.

Can a DUI be violated?

Just because you are guilty of a crime does not mean that your rights can be violated. A DUI lawyer will make sure that you are treated fairly in court and make sure that evidence that was gathered incorrectly is not admissible in court. For example, if a police officer did not administer a field sobriety test correctly, or if a lab technician did not properly store your blood sample, this evidence should not be used in court.

Can a judge sit down with you?

The prosecution or the judge will not sit down with you. They will not explain your options when you plead guilty. The prosecution is not necessarily concerned with giving you the best option for your situation. A prosecutor is just concerned with doing their job.

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.

image