Getting charged with a crime is about as stressful a situation as anyone can find themselves in.
It’s not a level playing field. You don’t know the rules or where to turn. And here’s the kicker…
The system can be confusing and your rights aren’t always easy to understand. But don’t be intimidated by the legal jargon.
Your constitutional rights are there for a reason. Knowing and exercising them can make all the difference in the world.
Whether you’ve been charged with misdemeanors or more serious felonies, we’re going to give you an overview of criminal defense.
What you’ll learn:
- Your basic rights under the Constitution
- The right time to seek legal assistance
- How criminal defense works
- 5 Mistakes to avoid when charged
Your Basic Rights Under The Constitution
When you’re accused of a crime, you’re not without rights. In fact, your rights are guaranteed by the United States Constitution.
As soon as you become involved in a criminal investigation, certain rights kick in.
It’s important to know those rights and what you’re entitled to from the moment you’re investigated. This is the first step in building your criminal defense.
The Right To Remain Silent
This is easily one of the most important rights you have. Whatever you say can and will be used against you in court.
You don’t have to speak with the police without a lawyer present. In fact, in most situations you shouldn’t.
Why?
Innocent people often make seemingly harmless statements that are taken out of context or misconstrued by investigators. A good criminal defense attorney can help protect your rights in any questioning and help prevent you from incriminating yourself, especially when serious charges are on the line where every word can count.
The Right to Legal Counsel
If you’re being charged with a crime, you have the right to have an attorney. If you can’t afford one, one will be appointed for you.
But here’s the deal…
Having the right legal representation from the start can be a game-changer for your case. Statistics indicate that roughly 97% of defendants plead guilty at the federal level, but the right lawyer can help you navigate plea bargaining and negotiations for the best possible outcomes.
The Right to A Fair Trial
You have the right to:
- A speedy and public trial
- An impartial jury
- Confront your accusers
- Present your own evidence
Essentially, these are your rights in trial. The burden is on the prosecution to prove that you are guilty beyond a reasonable doubt.
Remember, you are innocent until proven guilty.
When It’s Time To Get Help
The fact is: The sooner you get legal help, the better your chances for a favorable outcome.
Don’t wait to be charged. If you’re under investigation or being questioned, that’s the time to call an attorney.
The Difference Early Intervention Can Make
There’s a myth out there that you only need to hire a lawyer after you’re arrested. This is wrong.
From the very beginning, an attorney can:
- Advise you during police questioning
- Prevent you from making damaging statements
- Immediately begin building your defense
- Negotiate with prosecutors before charges are filed
Think of it like quicksand…would you rather have a lawyer there to help you avoid the quicksand, or trying to dig you out after you’re stuck?
Types of Criminal Cases
Criminal defense covers a broad spectrum of offenses including:
- Drug offenses
- DUI/DWI
- Assault and violent crime
- Theft and property crime
- White collar crime
Different crimes have different penalties and require different strategies. That’s why it’s important to work with an attorney that understands the charges against you.
How Criminal Defense Works
It can be helpful to know the process so you know what to expect and aren’t so worried.
Investigation and Evidence
Your attorney’s first priority will be to investigate the allegations. This includes:
- Reviewing the police report
- Reviewing physical evidence
- Interviewing witnesses
- Looking for procedural errors by law enforcement
Law enforcement makes mistakes all the time. In fact, small errors can sometimes be enough to get your case dismissed. A good attorney will know where to look.
Plea Bargains and Negotiation
Fun fact most people don’t know:
Approximately 2% of criminal cases actually go to trial. The majority of criminal cases are resolved through a plea agreement.
A plea bargain is where you agree to plead guilty to the charges in exchange for a more lenient sentence. Simple, right?
Not so much. Negotiating a favorable plea deal takes skill and experience. Your attorney should understand:
- What kinds of deals are possible for your charges
- How prosecutors tend to negotiate
- What leverage you have in your case
- When it makes more sense to go to trial
Never take a plea deal without first consulting an attorney. You want to be sure you understand what’s fair.
Going to Trial
If your case ends up going to trial, your attorney will represent you.
This includes:
- Choosing an impartial jury
- Presenting your opening and closing statements
- Cross-examining witnesses
- Presenting evidence on your behalf
- Protecting your rights throughout the entire trial
Trials take months of preparation. It’s not something you should be doing without an attorney.
Mistakes to Avoid When Charged
What are the biggest mistakes people make when charged with a crime?
Let’s run down the list…
Talking to Police Without a Lawyer
This is one of the most common mistakes people make. They think that by being completely cooperative, they will look innocent. That’s sometimes the case, but often it’s not.
Police officers are trained investigators and interrogators. They know how to get people to tell them things they didn’t intend to say.
Always ask for an attorney before answering questions. It’s the smart play.
Waiting Too Long To Get Help
The longer you wait to get legal help, the less time your attorney has to build your defense.
Time is of the essence. Evidence is lost. Witnesses’ memories fade. Opportunities are missed.
The sooner you contact an attorney, the more options you’ll have.
Hiring The Wrong Attorney
Not all attorneys are the same. Criminal defense is a specialized field.
When looking for a defense attorney, you want to find someone that has:
- Criminal defense experience
- Experience in your local courts
- A history of favorable results
- Good communication skills
Don’t hire the cheapest attorney on your list. This is your freedom we’re talking about.
Ignoring The Consequences
Too many people think that the only consequences of a criminal conviction are jail or prison time.
Criminal records can affect:
- Employment options
- Professional licenses
- Housing options
- Child custody
- Immigration status
The more you understand what’s at stake, the better choices you can make in your case.
The Bottom Line
Criminal charges should be taken seriously. The system is complex, the consequences are severe and it can all have lifelong implications.
But you don’t have to face it alone.
Your rights are there for a reason and a qualified criminal defense attorney can help you exercise your rights and build the best defense possible.
Remember:
- Remain silent and request an attorney
- Get legal help early
- Never accept pleas without advice
- Choose an experienced criminal attorney
- Know the full consequences
The system can be intimidating. But knowledge is power. Understanding your rights is the first step in protecting your future.
The Summary
Getting charged with a crime is no joke and no one wants to find themselves in this situation.
However, if you do, you need to know your rights and act in your own defense right away.
Your criminal defense attorney can help you with it as long as you get him or her involved as early as possible.
There are a few mistakes that you should never make when charged with a crime.
If you think you are a subject of a criminal investigation or just want to protect yourself in advance, call the best criminal defense attorneys right now!
They will guide you, explain your rights and give you useful advice that can keep you out of trouble.
