charged with a crime how can a lawyer help

An attorney can provide crucial assistance regardless of where your case is in the process. If you've been charged with a crime, contact an experienced criminal defense attorney as soon as possible to discuss the circumstances of your case.

Full Answer

Why do you need a criminal defense lawyer?

Second, lawyers have a legal responsibility to their clients that they must uphold. The job of a criminal defense lawyer is to defend you against the charges that are presented. When charges are brought, there only has to be "probable cause" that you might have committed the crime.

When should I contact a criminal defense attorney?

If you've been charged with a crime, contact an experienced criminal defense attorney as soon as possible to discuss the circumstances of your case. Meeting with a lawyer can help you understand your options and how to best protect your rights.

What is the most important thing when seeking criminal defense counsel?

For this reason, the most important thing when seeking criminal defense counsel is to find a lawyer who takes their legal responsibility seriously, and will do all they can to mount a thorough defense in your favor. How can a criminal defense lawyer defend someone who they think is guilty? The answer is two-fold.

What should I do if I am accused of a crime?

If you are accused of a crime, call us today. criminal defense attorney as soon as possible. At Wallin & Klarich, our attorneys have over 40 years of experience in handling pre-filing cases in Southern California.

When someone has been accused of committing a crime and is in need of a lawyer, is he or?

When someone has been accused of committing crime and is in need of a lawyer, he or she is permitted either a public defender or a privately hired lawyer as per the Sixth Amendment of the United States Constitution.

Why do you need a lawyer for a misdemeanor?

Misdemeanor charges usually have a minimal sentencing possible, but when this is a severe problem for the defendant, a lawyer is necessary either to help mitigate the damage of penalties or through a plea bargain to reduce punishments significantly . The lawyer is able to provide assistance throughout the case and help increase the defense.

How to choose a defense lawyer?

It is essential to choose a defense lawyer that has knowledge in the area of the crime the defendant is accused of. Plea offers should be understood, witnesses should be examined and evidence should be thoroughly reviewed. All matters should be evaluated. How much probation may be sentenced, how a reputation or career may be affected by charges or conviction and how a conviction can affect immigration status should all be deliberated upon before settling on a course of action.

What are the privileges of a criminal defendant?

These privileges include clergy privilege, spousal privilege, doctor-patient privilege and the attorney-client privilege.

What is a criminal defense lawyer?

He or she is is responsible for defending a person who is charged with a crime. He or she speaks on the client’s behalf.

Why is it important to have a good criminal defense lawyer?

He or she will speak in the client’s defense and will be able to assist when building a successful case. It is essential to choose a criminal defense lawyer who has experience and a good track record.

What is the most important decision a person can make when facing criminal charges?

He or she must decide whether to take a punishment recommended by a prosecutor. Possibly the most important decision is who he or she should use as a lawyer.

Why is it important to find a criminal lawyer?

A lawyer's job is not to know or decide guilt. The real issue is number two: can the lawyer defend you properly? This is because a lawyer's true duty is to provide you with vigorous defense for the crime of which you're being accused. For this reason, the most important thing when seeking criminal defense counsel is to find a lawyer who takes their legal responsibility seriously, and will do all they can to mount a thorough defense in your favor.

Why do lawyers defend people?

Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel. Lawyers are bound to deliver this legal right to their clients.

What is the duty of a lawyer?

According to Canon 7 in the ABA's Model Code of Responsibility, a defense lawyer's duty to his client is to "represent his client zealously within the bounds of the law" because of his inclusion in a profession whose goal is to " (assist) members of the public to secure and protect available legal rights and benefits."

What is the difference between legal guilt and factual guilt?

First, there is a difference between "legal guilt" and "factual guilt.". Second, lawyers have a legal responsibility to their clients that they must uphold.

What is the job of a criminal defense lawyer?

The job of a criminal defense lawyer is to defend you against the charges that are presented. When charges are brought, there only has to be "probable cause" that you might have committed the crime. At trial, the prosecuting lawyer's job is to prove "beyond a reasonable doubt" that you've committed the crime for which you're being charged.

Why don't criminal defense lawyers ask if you are guilty?

The reason most criminal defense lawyers won't ask you if you're actually "guilty" is that it's not relevant to the case. Also, it's not their job to find out. Their job is to defend you, and put up a fair case. As one attorney put it, their job is to "keep the system honest.".

What does "putting the burden of proof upon the prosecution" mean?

Putting the burden of proof upon the prosecution means the point of trial is all about either proving or failing to prove that you're guilty of the crime that's been charged - not knowing whether or not you're actually guilty.

What is the most important thing to work with a criminal defense attorney?

The most important thing that you will get from working with a criminal defense attorney is confidence. You will be able to get straight answers from them about your entire situation and will be able to plan accordingly for your future given their history of experience and their understanding of how they expect your case to go. This is a majorly important part of the relationship that you will have with an

What does it mean to hire an attorney?

When you hire an attorney to represent your case, they are working directly on your behalf in order to help you with your case. This means that any action you think about taking outside of the case that you are unsure of how it will impact your proceedings, then you will be able to consult with them. If you are wondering how your case will impact your ability to apply for jobs, renew a drivers license, apply for housing, or anything else that is unclear at the time, you will be able to contact your attorney and get a specific answer about the exact situation that you are in. While this may not seem like a big deal right off the bat, you will find that their advice and counsel throughout your case is absolutely irreplaceable because of how simple it will make each of these otherwise complicated questions seem.

What happens if you are found guilty of a crime?

The prosecutor will want the court to put you in jail if you are found guilty.

How to respond to summons?

In both of these cases, you must respond to the Summons by appearing in court at the listed date and time. This is often referred to as your “first appearance” or “arraignment.” This is not a trial. If you do not yet have a lawyer, you have the right to:

What is civil violation?

The most common “civil violations” are illegal possession of small amounts of marijuana and illegal possession or transportation of alcohol by a minor. You receive a Summons from a police officer with a court date and location. Civil violations can result in fines but not jail sentences. You cannot get a free lawyer.

Can you go to jail for a criminal charge?

The officer issuing a summons can tell you if the charge is a crime or a civil violation. All criminal charges carry a possible jail sentence, but many less serious criminal charges do not actually result in jail time. You have a right to a free lawyer paid for by the state if:

Different Types Of Theft Charges And Why You Need An Attorney

Below you will read all about the different types of theft charges and how hiring a criminal defense attorney can help. Read on to learn everything you need to know about hiring an attorney for your criminal charges.

Misdemeanor Theft vs. Felony Theft

The difference between misdemeanor theft and felony theft is the value of the alleged stolen property. If the value of the alleged stolen item is less than $1000, then the charge should be a misdemeanor theft. The difference is important because the value determines the sentencing range if found guilty.

Access Device Fraud

Access device fraud is a type of theft charge that involves first taking the victim’s information, account number, or credit card, then using that information to permanently deprive them of money.

Bank Fraud

Bank fraud is a different type of theft charge because it involves permanently depriving a bank of money or the money held in a bank by a customer. The most common bank fraud scenario is when the defendant goes into a bank with a forged check and presents it for payment.

Burglary

Burglary is a different type of theft charge because it involves committing a theft in a residence or business without authorization to be in that place. Simple burglary of an inhabited dwelling is when someone goes inside another person’s home without consent to enter and commits a theft or felony within that residence.

Car Theft

Burglary of a car, or car theft, is similar, although the sentencing range is 0-12 years in prison. The difference between burglary and robbery is that a robbery is the taking of something off of the victim’s person or in their immediate control. Burglary is going in their house and taking something when the victim doesn’t know.

Computer Fraud

Computer fraud a different type of theft charge that involves the accessing a computer or computer system with the intent to defraud the victim or obtain money by fraud, including the fraudulent alteration, deletion, or insertion of programs or data. This is basically hacking.

What happens when you are charged with a crime?

What Happens When You're Charged with a Crime: An Overview. First, there's an arrest and the police report that follows. The prosecutor then reads the police report and decides whether or not the person who's been arrested should be charged with a crime. Alternatively, the prosecutor can go to a grand jury and ask them to decide what criminal ...

Why do prosecutor like grand jury?

Prosecutors like grand juries because they function as a "test" trial, enabling them to see how the evidence is likely to be received by jurors. If the grand jury indicts a defendant based on the evidence presented, it returns a "true bill". If the grand jury decides not to indict, it returns a "no bill.".

How long does it take for a judge to decide if there is enough evidence?

Finally, a judge holds a preliminary hearing where they decide whether or not there's enough evidence to proceed. Prosecutors generally file criminal charges within 3 days, although in some jurisdictions in as few as 2 days. Because prosecutors must file so quickly, the crime you're charged with initially may change significantly over time.

What is the conservation of judicial resources?

Conservation of judicial resources: Every case requires work from multiple branches of government, from police and courtroom security to court clerks and office staff. Most courts simply cannot prosecute every case they receive, so the prosecutor has to prioritize them.

What are the political aspirations of a prosecutor?

Political Aspirations: prosecutors often run for office or seek political appointments. As a result, they are keenly aware of the image prosecuting a particular offense sends the community. Even if the evidence is questionable, if there's considerable community outrage, a prosecutor may decide to pursue a case.

Why do people prosecute high profile cases?

They may choose to prosecute a high-profile case when there is community outrage or when it "sends a message," even if the evidence is questionable.

What is the role of a grand jury?

Grand juries are similar to regular juries (also known as "petit juries") except that a grand jury's job is simply to decide whether or not charges should be brought in the first place rather than deciding the guilt or innocence of a person at trial.

What should a defendant do after facing charges?

Once the defendant faces charges for these matters, he or she should hire a lawyer early and work on refuting the charges or negotiating a plea bargain. If the prosecution’s argument is strong, a plea may mitigate the damage of a conviction.

How does legal support for Ponzi schemes work?

Legal support for Ponzi schemes requires refuting the damage caused by the defending individual against the victims affected through a loss of income. While these scams are similar in nature, it is often difficult to understand if one is affecting others or if the accused person did initiate the scheme to target certain others.

How does a Ponzi scheme work?

The Ponzi scheme usually requires payment upfront before taking advantage of the benefits that come from others. The money transfers from one person to another and trickles down in a pyramid fashion. At some point, there is no one left to provide the money to and the scam may unravel.

What is Ponzi scam?

The Ponzi scam that someone can use will often appear in different forms and still confuse the customers or clients into taking part. Usually, this process involves a pyramid of sales, customers, clients and money. Those working with or for the scheme will use the procedures within the business model to take hard-earned money from others without ...

Is a Ponzi scheme a fraud?

Many other states have general laws that may address the Ponzi scam as fraud of some sort. Generally, the prosecution will make a valid argument of how those involved in these schemes expressly attack the economic means of the victim.

Can the FTC prosecute a scheme?

While the United States government has no single federal statute against these matters, the Federal Trade Commission can prosecute a scheme when it affects trade through deceptive practices and fraud. The FTC will go after anyone that targets consumers directly and could damage business in a market or several markets.

What to do if you are being accused of a crime?

If you are being accused of a crime, it is important for you to understand the process leading to charges being filed against you. This process can happen in one of two ways: 1. Pre-filing Investigation. An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges.

What happens if you are arrested?

If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

What happens during a pre-filing investigation?

As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What happens when a prosecutor decides there is enough evidence to proceed?

If the prosecutor determines that there is enough evidence to proceed, he or she will draft a formal complaint to file with the Court. Once these formal charges have been filed, the District Attorney’s office will do one of two things:

What happens when a police officer arrests you?

After you are arrested, the police officer will draft a police report and forward that report to the proper prosecutor’s office. As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

How can a case be dropped?

Once charges are formally filed, the case can only be dropped by way of a dismissal or not guilty verdict as a result of a lengthy court process. This gives the prosecution more time to build a strong case against you, decreasing your chances of having your case dismissed. If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

What happens if a case is sent back to the appropriate law enforcement agency?

If the case is sent back for further investigation, charges must be filed by the prosecutor’s office within the applicable statute of limitations.