When charged with a serious crime, not everyone is sure whether they really need a criminal defense attorney.
Some think they can represent themselves, and some do not know how serious the charges are and don’t take the matter as seriously as they should. Yet, when your freedom, reputation, or record are on the line, engaging the services of a seasoned criminal defense attorney could be the difference between victory and defeat.
“Any time you’re arrested, questioned by police, or find out you’re under investigation, it’s time to call a criminal defense lawyer,” says Matthew G. Borgula, a criminal defense attorney and partner with SBBL Law. “The earlier you involve a lawyer, the better your chances of protecting your rights and limiting the damage.”
Here are five of the most common scenarios in which it’s advisable to retain a criminal defense attorney.
- You’ve Been Arrested or Charged with a Crime
You should consult with a criminal defense attorney if you’ve been arrested or charged with a crime. A misdemeanor, a felony, or whatever criminal charge it may be can be scary — leading to fines, jail, probation, or a criminal record that haunts you for years.
A good criminal defense lawyer can do the following for you:
- Discuss charges with you and inform you of what they are
- Advise you on what to say to the police — and what not to say to the police
- Begin searching for evidence against you
- Look for constitutional errors or defects in the evidence presented against you
Even if you’re sure you’re innocent, remember this: anything you say can and will be used against you. A criminal defense attorney will safeguard your rights.
- You’re Being Investigated, Not Yet Charged
Police can investigate you well before they arrest or charge you. They may invite you to appear at police headquarters for questioning or request documents from you.
This is a dangerous scenario. Everyone thinks they can talk their way out of suspicion. But going it alone may come back to haunt you. You can inadvertently incriminate yourself or say something that otherwise lands you in legal hot water.
A veteran criminal defense lawyer can do the following:
- Prevent you from making incriminating statements
- Follow the investigation and become involved when charges are filed
- Prevent charges from being filed in the first place
- You’re Charged With DUI or Drug Possession
DUI (driving under the influence) or drug possession are two of the most common criminal charges. But common doesn’t mean minor. Even a first-time DUI can include license suspension, jail time, fines, and educational classes.
Drug charges, depending on the quantity involved and what kind, are felonies. Your defense lawyer will contest field sobriety tests, breath tests, or search and seizure if any of these measures violate your rights.
- You’re Charged with a Violent Crime or Aggravated Felony Charge
If you are accused of a felony, there is no room for mistakes. Felonies involve long prison sentences, lifelong consequences, and irreversible damage to your reputation and profession.
Robbery, assault and battery, domestic violence, homicide, and sexual assault are examples of aggravated felony charges. Call a lawyer if charged with such an offense.
In all those circumstances, the stakes are too high to try to do it yourself. A defense lawyer will review all aspects of the case against you, interview experts if needed, and make the strongest possible case for your defense. They can negotiate lesser charges or issue a plea during the sentencing stage.
- You Need to Seal or Expunge Your Criminal Record
Even if you have a prior arrest or conviction, a criminal defense lawyer can still help you. In a majority of states, you are eligible to have the record sealed or expunged.
Going this route can be a godsend solution since a criminal record will affect employment, housing, travel plans, custody arrangements, and professional licenses.
In any of these situations, a criminal defense attorney can help.
A good attorney will treat you professionally, negotiate the law for you, and aggressively fight for the best outcome.