A criminal defense lawyer can help you with almost any aspect of criminal defense, from being with you during police interrogations to advising you in a criminal trial. But at what stage should you actually hire a criminal defense lawyer? And are there any circumstances in which a lawyer isn’t necessary?
Why Criminal Defense Lawyers Are So Important
Do you really need a criminal defense lawyer?
The short answer is yes. Criminal defense lawyers are important for several reasons, including:
- Protection. Criminal defense lawyers are there to protect you. They can ensure that arresting officers and interrogators treat you legally and fairly. They can guarantee that your rights are being protected. They can help you mount a reasonable defense in light of whatever evidence is brought against you.
- Advice. Lawyers are also there to give you professional advice. They’re intimately familiar with the law and generally have ample experience to help you navigate practically any situation. They may not be able to give you a perfect outcome, but they can get you the best possible outcome, given your circumstances.
- Research and evidence. Criminal defense lawyers can help you do research and gather evidence that you need to mount a successful defense. They can also help you contextualize and better understand the evidence against you.
- Accountability. Having a lawyer present also establishes a precedent for legal accountability. With a professional witness present, arresting officers and other authorities are far less likely to violate your rights or treat you unfairly.
Instances in Which You Should Hire a Criminal Defense Lawyer
You should hire a criminal defense lawyer any time you’re dealing with a criminal legal matter, regardless of whether you’ve committed a crime or you’re totally innocent. These are just some of the circumstances in which hiring a criminal defense lawyer is vital:
- You’re accused of or charged with a crime. If you’ve been arrested, charged with a crime, or even just accused of a crime, you need a lawyer at your side.
- Your child is accused of or charged with a crime. By extension, the same is true if your child is accused of or charged with a crime.
- You’re being questioned by officers. You may not be accused of or charged with a crime at all. But if you’re being questioned by police officers or federal investigators, it’s still a good idea to get the help and advice of a lawyer.
- Your home is being searched. If your home is being searched for any reason, get a lawyer.
- Your property has been seized. The Fourth Amendment grants protection from unreasonable searches and seizures by the government, but that doesn’t stop police officers or other authorities from making attempts; additionally, some searches and seizures are considered “reasonable.” If any property of yours has been seized, contact an attorney right away.
- You’re trying to expunge a record or appeal a sentence. You may also need a criminal defense lawyer if you’re trying to expunge a record, appeal a sentence, or take other meaningful actions after being convicted of a crime.
When Should You Hire a Criminal Defense Lawyer?
These are all instances in which you should hire a criminal defense lawyer, but when exactly should you make the call? The short answer is: as soon as possible. The moment you know you’re being accused of a crime, or the moment an officer starts interrogating you, you should be asking for a lawyer – and you shouldn’t answer any questions or take any actions until you get one.
In the meantime:
- Remain silent. As you’ve undoubtedly heard repeated thousands of times in your life, even if you’ve never been arrested, you have the right to remain silent. This isn’t a trick, nor is this misleading; you can and should remain silent if you’re being interrogated or detained. Don’t answer any questions (aside from providing your name and basic personal information), even if you’re confident in the answers.
- Cooperate and be polite. That said, it’s also important to cooperate and be polite. Resisting officers or fighting with them is only going to make your situation worse, and could result in a new set of charges being brought against you.
- Insist on a lawyer until you have one. Keep reiterating that you want a lawyer. Do not relent until you get one. Some authorities will attempt to dissuade you from this, stating that lawyers are for “guilty people,” and some will continue asking you questions as you wait to make the call. Simply keep pressing for a lawyer, regardless of what they say or do.
Hiring a criminal defense lawyer is imperative if you want to secure the best possible outcome in your case. Almost any legal situation can be ameliorated with the help of a lawyer, and you should aim to hire one as soon as possible.
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