Hire a Criminal Defense Lawyer to Help a Person Through A Criminal Case

If a person had been arrested and he is facing a trial, he must have an effective and knowledgeable criminal defense lawyer at his back. During those instances that you are subject to a criminal case, you must be aware of your rights and all the necessary details that are related to the case. Now, if the person faces a criminal case, the first thing that he need to do is to get a defense attorney for your defense and in order for you to have a person who can answer all of your questions. There are so many things that your defense attorney can teach you regarding the case that you may not be aware. If you are in need of a defense attorney you can search them on the Internet using keywords like Defense Attorney Utah, Utah criminal attorney, UT Defense Attorney, Utah criminal defense attorney, Utah Defense Attorney and wherever city or state you want the service.

In order for you to have a strong defense, it is a must that your defense attorney orients you about relevant laws and their relevance to your case so that you will know how to behave yourself in the course of the trial. It is a must that you follow procedures and court rules. The defense lawyer that you will hire must be strong enough to know the details of the proceedings, or even when there are necessary deadlines that must be accomplished-like a paper work for evidence, testimonials etc. Also in relation to evidences, your defense attorney can also challenge any evidence presented by the prosecution. He can challenge how such evidence came into the proceedings, how it was handled stored or obtained.

Criminal cases and proceedings are extremely complex. In this regard, it is extremely vital that the person involved with the criminal defense should hire the best defense attorney that he can get in order to help them on the proceedings. When a certain individual is charged with criminal charges or crime, you will expect that evidences are stacked to prove your guilt. That may be the case, having an evidence does not necessarily mean that you cannot challenge those evidences; the truth will prevail in the long run. Remember that everyone is still innocent until proven guilty of the crime.

If the prosecution has evidence that strongly indict a person of a certain crime, then the person need a lawyer who had won many criminal cases-in short he must get the best defense lawyer there is in his state. If you are in need of the best defense attorney, you can find so many of them today. Just a simple reminder, although there are many good attorneys out there, it doesn’t necessarily mean that they are all good in winning criminal cases, some of them are good in civil court cases, real estate closings, and good in drafting contracts but not in criminal proceedings. The defense lawyer that you will hire must be skilled in any criminal proceedings and tend to win every case that he handles. Look for someone who will put your case on his priority.

Some of the things that you need to ask for your defense lawyer include the following; how long have they practiced law? How many criminal cases have they handled? How long have they been practicing criminal law? How many criminal cases have you won? On your first meeting with your defense attorney, he will not be able to tell answer everything or every question that you have because he is only starting to make a research on your case, also; he still does not have all information needed for your case.

A criminal case proceeding can be as miserable as hell because even the smallest detail in your attitude as a person is being tackled. All of the person present in the courtroom will know your entire history afterwards. The worst thing is you get to tell everything in front of so many people about your life and then you end up acquitted of the crime. Privacy is disregarded in that case. To undergo a criminal proceeding can cause trauma to other people especially to the family of the person accused of the crime and also to the one that is facing the charge.

Criminal proceedings include long hours of talking to your defense lawyer, the appearances of witnesses, presentation of evidences, and many more. There are also mitigating circumstances that can acquit a person of a crime. It is extremely apparent that in dealing with any court matter, we all need the help of a trusted defense attorney at our side. In the end, there will always be someone who will be sentenced at fault or acquitted of the crime.

Types of Defenses Criminal Defense Lawyers Can Use

This lawyer defends their client in court who has been charged with a criminal activity that can range from a misdemeanor to a felony. If convicted their client could pay a fine, do community service, serve years in prison, or even receive the death penalty. It is the job of the criminal defense lawyer to either get their client acquitted or get them the lightest sentence possible. To accomplish this, criminal defense lawyers can use several defenses.

Affirmative criminal defense

Some criminal defense lawyers will attempt to minimize the prosecution’s evidence by showing it is not true. In this defense the lawyer, along with their client produce evidence in support of the defense. For example, if the defendant is charged with first-degree murder, which means that the client planned the murder before happened, they may choose to provide an alibi witness. This is someone who testifies that the defendant could not have committed the crime and gives them an alibi for the time the murder was committed.

Insanity defense

This defense that was made popular by movies and television shows. Unfortunately, it is a defense that is not frequently used or often successful. When criminal defense lawyers use this defense it states that their client did commit the crime but did not know what they did was wrong. To use this defense successfully the client will need to have a serious defect or mental illness at the time the crime was done. It can be risky to rely on this defense because the client is admitting to the crime but if the jury does not believe the client is insane they can find you the client guilty and hand-downs a harder sentence than they may have if they had not used this defense.

Coercion and Duress

This is an affirmative criminal defense lawyers used that states that their client was forced to commit the crime due to being threatened with unlawful force. The force does not actually have to happen.. Just the threat can be enough to satisfy this form of defense. This threat does not have to be against their client. It could be against someone else like a family member. This defense cannot be invoked if their client’s reckless actions put them in the situation that caused duress.

General criminal defenses

• Self defense-this states that their client’s actions would be considered criminal if the act was not necessary to defend themselves
• Status of limitations-this is when criminal defense lawyers states that the amount of time the prosecution has to charge their client with the crime has elapsed so the charges have to be dropped.
• Consent-it acknowledges you did commit the crime but the victim consented to it.

How To Find A Criminal Defense Lawyer With 7 Key Questions

You can’t believe it’s happening to you. There’s a pit in your stomach as the cop starts coming toward you and utters the words “I’m arresting you for a criminal offense.”

Your mind starts racing with thoughts like ” What in the world am I going to do? How is this going to affect my life, freedom, family, job? What can I do to protect myself? How do I decide on the right lawyer so I have the best legal help possible?”

Regrettably, this crisis is a possibility for anyone. Innocent people are charged with crimes as a result of many different circumstances, such as honest mistakes, or overzealous, or malicious actions by others. Good people also make mistakes and choose the wrong course of action in a difficult situation.

Whatever the case is, you sure enough need the best representation you can get.

All of a Sudden Nothing is More Important

You realize that a conviction will have ruinous effects on your life so it’s important to seek the best attorney you can afford, whether you need an Oklahoma criminal defense lawyer (my state) or one who can represent you in another state of the U.S.

And even though you are “under the gun” to hire someone, this decision must be made with care. After all, if your life was threatened in a medical emergency, such as needing brain surgery, you probably wouldn’t want the cheapest doctor to perform it. Moreover, you shouldn’t choose an attorney based on who charges the least. At the same time, that doesn’t necessarily mean you have to hire the most expensive person.

How Are You Supposed to Pick a Criminal Defense Attorney, then?

Should you hire your brother-in-law’s estate planning lawyer, or the attorney who handled your high school friend’s divorce? What about going to the yellow pages and picking the lawyer on the first page of the attorney listings, or the law firm with a two page ad?

I don’t advocate any of those methods for someone charged with a criminal offense. The problem is that just because someone went to law school and passed the bar exam, that doesn’t mean he or she is effective and experienced in criminal defense. Many have never set foot in a courtroom.

All Lawyers Are Not the Same

In the medical field there are doctors who specialize in certain parts of the body and so, too, many lawyers concentrate on just a few areas of the law. There are just too many types of law for someone to be an expert in every area.

Think of it this way. Do you really think that someone who spends most of their time writing and negotiating contracts for businesses would be as effective in the courtroom as a lawyer with decades of experience in criminal law?

What’s more, when you hire an expert, you have to expect that the cost is going to be higher than hiring someone else with only a moderate amount of knowledge or experience.

That leads us to:

7 Key Questions to Find the Right Lawyer for your Criminal Defense

1. The first question to ask would be simply, How many years has the lawyer practiced criminal law.Someone with a fair number of years of experience, such as 10 years or more, would be preferred. Your future is too important to hand over your defense to a new law school graduate.

2. The second question you’ll want to learn the answer to will be how many trials has the lawyer handled. This is important because your lawyer should be familiar and confident with the process. There are some so called “criminal lawyers” who rarely, or never go to trial and are known as “settling attorneys”. Many times they aren’t comfortable in trials, and even if it isn’t best for their client, they find a way to settle without going to trial. The prosecution can sense that fear of going to trial, which can have a detrimental effect on possible plea bargaining for the client. Definitely, a lawyer who has tried 50 to 100 or more cases will maintain a stronger bargaining position.

3. Another thing you should determine is the number of jury trials the attorney has handled. Additional areas of expertise are needed in jury trial with facets like selecting jurors, and knowing how to be persuasive to jury members. As you can probably guess, more experience with jury trials is better than less. If your lawyer has handled 40 or 50 jury trials, he or she should have learned a lot about strategy in that area.

4. While you can certainly ask a potential lawyer about his or her experience, an even better way to determine that is is through a reliable certification process. Some states recognize specializations in different areas of law and if a lawyer qualifies according to the state’s requirements, he can reflect that specialization in his marketing and advertising materials. However, many states don’t allow specializations (including my state of Oklahoma). Fortunately, there is a national certification available through the National Board of Trial Advocacy This is a very rigorous certification process, requiring significant experience in criminal trials, a written exam, peer review and recertification every 5 years.

If a lawyer has achieved this certification, you have an unbiased third party validation of her experience, instead of having to rely simply on what the lawyer says about her ability.

5. Something else you should ask about is how and when the lawyer will communicate with you. Use the first consultation (which is often free, however be sure to ask ahead of time) to assess whether you will be comfortable and confident handing your case over to this person.

6. Make sure to ask if the lawyer you think you are hiring will actually be the one who is handling your case. This is important because some firms will have you talk to a lead lawyer initially and then give your case to a newer lawyer in the firm to handle. I believe a criminal charge deserves an experienced and seasoned lawyer, not someone just out of law school.

7. Ask about the costs involved. Find out whether the lawyer charges an hourly rate or a flat fee. Obviously, it is better for you, the client, to get a flat fee. That way you know exactly how much you need to pay as opposed to being concerned that the lawyer is trying to string things along in order to increase his fees. Also, determine what is covered in the flat fee, such as does that fee cover fees for a trial or will there be additional costs for that?

Remember if the lawyer’s fee is much lower than others that it could be a red flag.

A much lower fee can mean he is not as experienced (not good for you), or he may handle a high volume of cases. The problem with the high volume situation is that he won’t be able to spend as much time or attention on your case (also not desirable) as the lawyer who takes fewer cases but charges more.

I’ve also known of attorneys who entice clients by stating they will only charge a small amount such as $100.00 to go to court for you. However, they don’t mention that you’ll have to continue to pay them for every phone call or each document they do for you. And, pretty soon the total expense can be higher than a set fee charged by someone else.

A lower fee could also indicate that the lawyer is the “settling” kind of lawyer as I mentioned before, who won’t go to trial even if its in your best interest. And since he knows he won’t ever be going to trial he can charge less, as trials involve significantly more work.

I believe these questions will allow you to become informed in this important decision making process so you can find a criminal defense lawyer who will skillfully protect your rights and freedom.

What a Criminal Defense Lawyer Can Do For You

If you are accused of a crime, the only person that can help you out is a criminal defense attorney. This is because you are not familiar with how the judiciary system works which makes it hard for you to represent yourself in open court.

This is because a lot of the legal rules are hidden away in court interpretations of federal and state constitutions. A good example is whether or not the search of your home was reasonable. It can only be considered a good search if the police obtained a warrant otherwise anything found is not admissible in court.

Given that the criminal defense lawyer has crossed swords with the prosecution in the past, they are already familiar with the tactics that the opposing party will be using and be prepared for it.

As you can see, it is a very specialized field and there are many things that need to be checked out by your criminal defense lawyer before you are given a guilty or not guilty verdict.

When your case has been given to them, you will be asked what happened. You will have to give your version of the events that took place. After listening, they will provide you with a reality check especially what will happen should the case go to trial.

They will then review the police report, interview witnesses and examine the evidence. Since it is hard to look at everything on their own, they sometimes have researchers do it.

When you are arraigned in court, you are required to submit a plea. You could plead guilty or not guilty while some do not give one yet and then prepare for the trial date.

If the evidence against you is overwhelming, perhaps your criminal defense lawyer can negotiate so you can get a lighter sentence or reduced charges. This can only happen if this is your first time or you have a criminal record and you have something to trade.

For those who want to go to trail, the criminal defense lawyer will now prepare your defense. This may sometimes mean taking up your stand and telling the court the events that took place. This may be risky so before hand, you will be briefed on what to say.

Witnesses will be presented. Some of these people will be able to aid in your defense while others will be against you so another job that the criminal defense lawyer will do is cross examine them in order to cast doubt in the testimony they are giving.

The trial is almost over when the criminal defense lawyer and the prosecution give their closing arguments. The jury will then be given time to deliberate the case so you will know the verdict when they come back into the court and read it.

If you get a not guilty verdict, the criminal defense lawyer was able to do their job since you are a free man. But if you are guilty, then the next step is to appeal the decision to a higher court and hopefully, they will overturn that decision.

What a criminal defense lawyer does is not easy because the person they are helping out could commit a similar crime again or even worse in the future. Sadly, this is how the justice system works because everyone has a right to counsel and tried before their peers.