What It Is Criminal Defense Attorney Society

Don’t Go It Alone! – Criminal Charges Require the Services of a Criminal Defense Attorney

What Will an Attorney Do for Me?

The truth is, no matter how smart or well educated you are, the criminal justice system makes it virtually impossible to do a competent job of representing yourself. Each criminal case is unique, and only a specialist who is experienced in assessing the particulars of a case—and in dealing with the many variables that come up in every case—can provide the type of representation that every criminal defendant needs to receive if justice is to be done.

Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers:

  • Negotiate “deals” with prosecutors, often arranging for reduced charges and lesser sentences. By contrast, prosecutors may be uncooperative with self-represented defendants.
  • Formulate sentencing programs tailored to a client’s specific needs, often helping defendants avoid future brushes with the criminal justice system.
  • Help defendants cope with the feelings of fear, embarrassment, reduced self-esteem, and anxiety that criminal charges tend to produce in many people.
  • Provide defendants with a reality check—a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor’s offered plea bargain.
  • Are familiar with important legal rules that people representing themselves would find almost impossible to locate on their own, because many criminal law rules are hidden away in court interpretations of federal and state statutes and constitutions. For example, understanding what may constitute an unreasonable search and seizure often requires familiarity with a vast array of state and federal appellate court opinions.
  • Are familiar with local court customs and procedures that are not written down anywhere. For example, a defense lawyer may know which prosecutor has the real authority to settle a case and what kinds of arguments are likely to appeal to that prosecutor.
  • Understand the possible hidden costs of pleading guilty that a self-represented person might never think about.

What are some potential defenses?

In the area of criminal law, there are several potential arguments that can negate elements of a crime, especially the “intent” aspect.  Some of these include:

  • Mistake of Fact – “Making a mistake” in some cases can be an effective defense if the mistake is about a fact and is genuine.
  • Intoxication – In some jurisdictions, intoxication may negate specific intent.  For example, it could potentially reduce murder to manslaughter.
  • Self-Defense – This argument says that a defendant took reasonable action to protect themselves from harm.
  • Duress –  Someone “under duress” is forced into an illegal act.  The duress must involve the threat of immediate danger, serious injury or death.
  • Mental Disorder –  This refers to any mental condition that causes a person lack of understanding of the wrongfulness of an action, or an inability to conform one’s conduct to the law.

Criminal Law Basics: The System and Procedure

The criminal justice system encompasses the entire criminal process itself — from investigation and arrest to conviction and sentencing — and the people who play a role in that process. These include the accused, police officers, prosecuting attorneys, bail bondsmen, criminal defense attorneys, judges, witnesses, probation officers, and corrections officers.

At all stages of the criminal process, a person suspected of or charged with a crime is entitled to certain fundamental rights that derive from the U.S. Constitution and key court decisions. These include the right to an attorney and the right to a speedy jury trial. These constitutional rights provide a balance between the government’s interest in ensuring that criminal behavior is identified and punished, and the fundamental need to preserve and promote the individual freedoms that characterize a democratic society.

The Outcome: How Might a Criminal Case End?

The outcome of any criminal case depends upon the crime charged, the strength of the evidence, the legal validity of law enforcement and courtroom procedure, and the goals and strategy of the government and defense. When all is said and done, there may be no legal consequence for a person charged with a crime, because the charges are dismissed, or a full-fledged jury trial might result in a criminal conviction.

Some potential outcomes of a criminal case are:

  • A criminal investigation ends with no arrest.
  • A person is arrested and charged with a crime, then enters into a plea bargain with the government, agreeing to plead “guilty” in exchange for some form of leniency, such as a lighter sentence.
  • A person is arrested and charged, but before the case gets to a jury, the court dismisses it because the charges depend on evidence seized illegally by the police.
  • A person is brought to trial and found “not guilty,” or acquitted, by a jury.
  • A person is convicted by a jury and sentenced to a long prison term.

Do I Need a Lawyer When I’m Charged with a Crime?

Defendants charged with crimes are almost always best served by obtaining a lawyer. In fact, most criminal defendants are represented by a lawyer, especially when jail or a prison sentence is a possible result. It is very difficult for a person to competently handle his or her own criminal case. While there are no firm statistics on how many people choose to represent themselves in criminal cases, estimates range well below 1%.

The Power of the Prosecutor

For example, prosecutorial discretion—the power of prosecutors to decide whether to file criminal charges, and what charges to file— determines much of what actually happens in the criminal courts. The particular prosecutor who has the power to make decisions, and when those decisions are made, can greatly affect the outcome of a case. An act that looks on paper to constitute one specific crime can be recast as a variety of other crimes, some more and others less serious. What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.

Community Pressures

No one should underestimate the role that community pressures, values, and politics plays in many criminal cases. Judges must stand for re-election, prosecutors want to be successful, and police expect that the crime reports they bring to the prosecutor will result in charged cases. The public may be fired up about certain crimes and expect the system to “get tough” on people arrested for them. In a perfect world, the system would be immune from such pressures, but this is simply not what happens. Only someone who’s familiar with the local scene can know how these pressures might affect your case, and how to work within them.

Criminal Law Basics: The System and Procedure

The criminal justice system encompasses the entire criminal process itself — from investigation and arrest to conviction and sentencing — and the people who play a role in that process. These include the accused, police officers, prosecuting attorneys, bail bondsmen, criminal defense attorneys, judges, witnesses, probation officers, and corrections officers.

At all stages of the criminal process, a person suspected of or charged with a crime is entitled to certain fundamental rights that derive from the U.S. Constitution and key court decisions. These include the right to an attorney and the right to a speedy jury trial. These constitutional rights provide a balance between the government’s interest in ensuring that criminal behavior is identified and punished, and the fundamental need to preserve and promote the individual freedoms that characterize a democratic society.

Don’t Go it Alone: Call a Criminal Defense Lawyer Today

Understanding criminal law basics is just the beginning. A good lawyer may be able to negotiate a compromise with the prosecution for a less severe sentence for a particular person charged with a crime. An experienced, local criminal defense attorney can give you the best options for your case and defend you at trial.

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