why does a person charged with a criminal defense need a lawyer

Full Answer

Why do I need a criminal defense attorney?

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.

Can I afford to hire a criminal defense attorney?

Some criminal defendants can afford to hire a private criminal defense attorney. For those who cannot afford an attorney (approximately eighty percent of all criminal defendants), the court may appoint counsel to represent the defendant (assuming certain qualifications are met).

What types of cases can a criminal lawyer represent?

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.

Should I hire a lawyer or a public defender?

Ultimately, the experience, skills, and commitment of the particular attorney at hand—regardless of whether he or she is a public defender, panel attorney, or private lawyer—are the best indicator of the quality of the representation. What is clear is that being represented by a lawyer is almost always the best option.

Why is it important to have a lawyer in a criminal case?

Once your attorney has investigated the criminal case against you and your defenses, he will be able to give you a realistic evaluation of the possible outcome of your case. This can help you make an informed decision about whether to take your case to trial or enter into a plea agreement.

What is the purpose of a defense lawyer?

Whether dealing with criminal or civil cases, a Defense Attorney is an advocate for the accused, responsible for protecting their client's interests. When individuals or corporations are brought before a court as the defendant, they are at risk of having a judgment made against them.

Why is it important to have a lawyer?

An Attorney Can Help You Avoid Problems. By having everything in place to begin with, you will be able to avoid issues down the road. 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.

What is the purpose of a defense to a criminal charge?

A criminal defense is a strategic argument that attempts to challenge the validity and sufficiency of the prosecution's evidence. The prosecution, often referred to as the state, the people, or the United States for federal crimes, is the party trying to prove the criminal charges against you.

How can a defense attorney defend a guilty client?

A criminal lawyer can still defend the client by arguing that the evidence does not prove the elements of the offence beyond reasonable doubt. If the client gives evidence denying guilt or makes a statement claiming their innocence, the solicitor must stop acting for them.

What is the most important role for a defense attorney?

First and foremost, the most important job of your criminal defense attorney is to fight for you and defend you in the court of law. According to the American Bar Association, the primary responsibility of a criminal defense attorney is to advocate for their clients and defend their rights.

Should you always ask for a lawyer?

If you spontaneously or voluntarily speak without being questioned, your words can be used against you. Not only is it good to ask for an attorney, but you should also stop speaking until you have a chance to consult with an attorney on your case.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What are the four types of defenses?

In criminal cases, there are usually four primary defenses used: innocence, self-defense, insanity, and constitutional violations. Each of these has their uses, and not all cases can use these defense strategies.

What are the four excuse defenses?

Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment. If a defendant is legally insane at the time he commits the crime, he may be found not guilty by reason of insanity.

What is criminal defense law?

General defences are those which arise from specific characteristics of the defendant or the circumstances of the offence which mean that the prosecution cannot prove all the elements of the offence.

Do Innocent People Really Go to Prison?

If you’re like most Americans, you have probably been raised to believe in our system of justice – and you should. It is a remarkably efficient system of jurisprudence that has served us well for more than two centuries.

Trust the System?

Given those sobering facts, it should be clear that you cannot rely upon the system to protect your rights when you’re accused of a crime. The fact is that law enforcement personnel and courts around the country are overworked.

Why You Need a Defense Attorney

There are many different reasons why you should engage an experienced North Carolina defense attorney as soon as you know that you are facing criminal charges:

The First Few Minutes Can Determine the Rest of Your Life

So, what should you do when you realize that you’re being implicated in a crime? Regardless of your actual guilt, your first step should involve an invocation of your fundamental right to remain silent. Do not discuss anything with the police. In fact, limit your interaction to these four words: “I want a lawyer.”

What do criminal defense lawyers do?

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.

What is the power of a prosecutor to decide whether to file a charge?

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.

How to help a defendant with fear?

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.

What is the power of the prosecutor?

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.

What is a statute book that looks on paper to constitute one specific crime?

What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.

Can a defendant afford to spend time on a case?

Spend time on a case that a defendant cannot afford to spend. Defendants who can afford to hire a lawyer usually have jobs, and therefore lack the time (and energy) to devote to such time-consuming activities as gathering and examining documents, doing legal research, and talking to witnesses.

Can prosecutors be uncooperative?

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.

Felony convictions follow you for life

Court and prison time are not the only things to expect from felony charges. The repercussions have a far-reaching impact and can follow you for the rest of your life. Even if you don’t serve time, if you’re convicted of a felony, you can also lose your right to vote and lose your ability to obtain a decent job or find decent housing.

Reduced penalties

If you’re the main earner in your household, spending an extended amount of time in prison can be a real hardship on your family. That loss of income, and the problems you could face finding work and housing after your conviction, really add up.

Experience and focus

You may have the opportunity to work with a court-appointed public defender. Although the public defender may have experience with cases similar to yours, they often have large caseloads and may be spread thin. This means they’re sometimes unable to give you the attention you want and deserve.

Contact a Chattanooga Defense Lawyer

If you or someone you know has been charged with a felony, contact our criminal defense lawyers today at Speek, Turner & Newkirk.

Why should I hire a lawyer?

First, it is the State’s burden to prove guilt beyond a reasonable doubt. Just because you are guilty does not mean the State is capable of proving it. Even though you may believe that the State has enough evidence to prove your guilt and even though you may believe that you are guilty, those are judgments that require the careful evaluation of a skilled, experienced trial lawyer. A perfect example is when someone who is charged with assault believes that they are guilty because they did, in fact, hit another person but they actually did the act reasonably believing that it was necessary to protect a third person from harm. Most people understand self-defense but not everyone understands defense of others. In this example, despite hitting another person, no crime was committed.

Do you need a lawyer if you are guilty?

Assuming for the moment that you are guilty of a crime and that the State can prove it, do you need a lawyer then? Again the answer is that you should have an attorney by your side. There is frequently a great deal of discretion that a prosecutor has when they’re making a decision about what to do in a particular case. A skilled attorney may be able to negotiate an agreement that would avoid your ever having to plead guilty if you are willing to do community service, substance abuse education, or anger management classes to name a few alternatives. And even if you were to plead guilty, a good lawyer might be able to arrange a plea to reduced charges.

What does an attorney do when you are accused of a crime?

Your attorney can explain the charges you may be facing. If you are accused of a crime, your attorney can explain what the crimes mean, the effects it can have on your life and what to do during this difficult time. An experienced attorney with familiarity in the court system of the area in which the crime took place can determine whether certain ...

Why is it important to retain an attorney?

If you are accused of a crime , it is important to retain an experienced attorney as soon as possible to review your case and start building a strong defense against the charges against you. The more time your attorney has to prepare your defense, the stronger your defense can be. Your attorney will review evidence, ...

Why don't you take charges seriously?

If you are accused of a crime, you may not take the accusations seriously because actual charges have not been filed against you. However, just because you have yet to be charged with a crime does not mean charges won’t be filed against you. What may be taking place is a pre-filing investigation.

What is a pre-filing investigation?

During a pre-filing investigation, the police analyze a case to try to find more evidence or try to make sense of any hidden or ambiguous facts before charges are filed. The following are six reasons why you need to hire an experienced criminal defense attorney as soon as you suspect you may ...

How long does it take for a criminal case to be filed?

Your attorney will continually monitor the status of your case. A pre-filing investigation can take a long time. It can take weeks, months or even years for criminal charges to be filed against a person.

Can an attorney speak to police?

Your attorney can speak to law enforcement for you. Before criminal charges are filed against you, the police may try to speak to you regarding your case. The police may try to talk to you informally about your case in-person or over the phone to try to get more information or even a confession from you. They may seem casual and may even tell you ...

Can a defense attorney monitor a prosecutor?

Without a defense attorney to monitor the prosecutor, the prosecutor can aggressively file charges against you with little to no oversight. An experienced attorney can monitor the prosecutor to make sure no outrageous charges are filed against you. 2. Your attorney can speak to law enforcement for you. Before criminal charges are filed ...

What does a criminal defense attorney do?

A criminal defense attorney can help make sure your jury is as impartial as possible. The right to face your accusers. This means that you not only get to know who is accusing you but that you have the right to cross-examine them at trial. Effective cross-examination is extremely difficult for non-lawyers.

What would happen if a defendant did not have an attorney?

If the defendant did not have an attorney, there would be no one to guarantee that these rights have been upheld. The Sixth Amendment. The Sixth Amendment to the Constitution is another vital source of protections for criminal defendants. The Sixth Amendment provides some of our most fundamental and protected rights:

What does it mean to be a nation of laws?

In other words, to be a nation of laws means upholding the law even when we don’t like the outcome. If criminal defendants had to defend themselves, there would be almost no protection of their rights, giving law enforcement and the prosecution an unfair advantage.

What is the right to an impartial jury?

The right to an impartial jury. Your right to an impartial jury allows you to participate in the jury selection process, a critical phase of your trial. Otherwise, the prosecution could pack the jury with people who are more inclined to convict you than not.

What happens if you are out on bail?

If you are out on bail, this right protects you from having charges hanging over your head for an unreasonable amount of time. An experienced criminal defense attorney will work to ensure that the prosecution does not create unnecessary delays in bringing your case to trial. The right to be represented by counsel.

How to charge someone with a serious crime?

In order to charge you with a serious crime, the prosecution must first persuade a grand jury that there is sufficient evidence to support the charge. This prevents prosecutors and law enforcement from frivolously or maliciously charging you with crimes they have no chance of proving just to harass you.

Why is innocence important?

Because You Are Innocent Until Proven Guilty. While not expressly set forth in the United States Constitution, the presumption of innocence is one of the most fundamental rights in Western Civilization. The prosecution must prove that you are guilty – it isn’t enough to simply charge you with a crime. Criminal defense lawyers represent the accused ...

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. ...

What is a court appointed attorney?

These court-appointed attorneys are either public defenders who are on government salary, or they are so-called "panel attorneys," local attorneys chosen from a panel. A small fraction of criminal defendants (approximately two percent) represent themselves and are referred to as "pro se" or "pro per" defendants.

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.

Is a private attorney a defender?

Many private attorneys are former prosecutors or public defenders. Based on studies that evaluate the outcomes of having a private versus court-appointed attorney, data seems to indicate that the results for defendants are often the same.

Who determines the competency of a defendant?

The judge is required to determine the defendant's competency. That's because a defendant who cannot provide a competent defense cannot get a fair shake, even if the defendant is adamant about not accepting the services of a court-appointed attorney.

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. That's because a defendant who cannot provide a competent defense cannot get a fair shake, even if the defendant is adamant about not accepting the services of a court-appointed attorney. When determining whether a defendant can go pro se, a judge will consider factors such as: