SEPTEMBER 17, 2022 – Most people understand they have a right to a lawyer when facing criminal charges. While contacting a lawyer when facing charges is essential, getting legal counsel at the right time can make a significant difference in the outcome of a criminal investigation and can even help you avoid facing charges in the first place.
Unfortunately, not many people are aware of situations that warrant getting legal counsel. This guide highlights some of these circumstances, so you may want to keep reading.
What to Look For in a Lawyer
The outcome of your case will largely depend on the quality of the lawyer you hire, so you want to make sure you work with the best. The first thing to look for in a lawyer is their experience in similar cases.
Secondly, you want to look at the geographical region of their practice. For instance, you will want to hire criminal attorneys with offices near where you are facing charges to ensure they will be within reach whenever you need to see them in person. Also, local lawyers often have a better understanding of the local criminal justice system.
Having the right lawyer improves your chances of getting a favorable outcome in your case. A favorable outcome does not always mean you will be acquitted; sometimes, it can mean facing less severe charges for a lesser crime and, consequently, less severe penalties.
When to Hire an Attorney
- When the Police “Want To Talk”
The police will want to talk to someone for two main reasons; when they are a witness to the commission of a crime or they are a person of interest. If the police want to talk to you as a witness, there may not be much reason not to talk to them. But even then, you will need to be wary of what you say.
If you are a subject of a police investigation, talking to them without a lawyer is a big mistake. It is possible to make statements that can heighten their suspicion putting yourself at even more risk of facing charges.
- When Facing Charges
Sometimes the police may not need to question you before an arrest. If there is probable cause to warrant an arrest, they will go ahead and make an arrest and conduct interrogations later. Before interrogations, the police will have to recite the arrestee’s rights, known as Miranda Rights in the American legal system and Police Caution in the UK.
Both recitals stipulate the suspect’s rights, including the right to remain silent and legal representation. If you cannot afford a criminal attorney, the court may appoint one upon request.
Working with a court-appointed is fine if you cannot afford one. But you may not get the level of attention you would when you hire one.
You can waive your right to legal representation during in-custody interrogations. While it may be acceptable in some situations, it puts you at a high risk of self-incrimination since what you do or say can be used against you in court.
Even after waiving your rights to legal representation, you still have a right to cut short the interrogations at any point if you feel that you need a lawyer.
- When the Stakes Are High
Different charges carry different consequences at conviction, and some crimes may not have much effect on a person’s life. Such crimes include simple infractions, minor traffic violations, and other minor offenses.
Under such circumstances, you may not need to have a lawyer. Some minor offense doesn’t even need a defense. You only need to plead guilty, pay a fine, and move on with life.
But some cases can have pretty high stakes and can alter the course of your life, and you should never approach them without a lawyer. Examples of these include sex crimes, violent robberies, murder, aggravated assault, DUI, and tax evasion.