If you are arrested for serious offenses or heinous crimes that carry long prison terms and stiffer financial penalties, it is good insurance to have an experienced and capable criminal defense lawyer fighting your case in court. A lower level of income or devastated finances might see you getting a court appointed layer, but if you can afford the legal expenses, the well-heeled but experienced criminal defense lawyer might just turn the tables on the law enforcement authorities in deciding the outcome of your case.
You could be the brainiest criminal mind the nation has ever seen and perfectly capable of navigating the labyrinth of the American legal system all on your own, but your chances of emerging unscathed are enhanced when you pick the right criminal defense lawyer. The experienced lawyer will quickly spot the differences that make your case unique and he can marshal cogent and convincing arguments that could help you get charges dismissed even in a do or die situation. Considering the vagaries of the law and criminal justice system, it is infinitely preferable to have a qualified and experienced criminal lawyer defend your case in court.
The criminal defense lawyer is not just presenting your appeal in the best possible manner; he is there to discharge more serious responsibilities such as calling witnesses and cross examining their testimonials and in defending your actions when the prosecution may not project them in a favorable light.
The criminal defense lawyer may also be instrumental in negotiating a plea bargain with the prosecution that can effectively reduce the punishment which is normally inflicted in crimes of a serious nature. This could involve reducing prison terms, or eliminating charges that are frivolous and irrelevant to the crime. It is important to bear in mind that the prosecution may be unwilling to consider such negotiations if you were defending yourself in court.
The experienced criminal lawyer may also be in a position to reduce the stress of an intended or anticipated punishment. For example if the crime justifies that you be imprisoned for a term of five years, your criminal lawyer may argue that your involvement justifies a reduced prison term of two years and to convince the court to stipulate lower fines or penalties such as a rehabilitation program to kick a drug habit or do an extended period of community service to make up for the balance jail term.
A trained lawyer may also render valuable psychiatric services whereby he maintains the defendant on an even emotional keel throughout the stress and strain of a prolonged trial. He protects the defendant from emotional breakdowns, fear, hate or loss of self-respect, factors that might irretrievably break down many defendants.
It is entirely possible that the defendant might lose a sense of perspective in running the trial and might be prone to hasty judgments or improper responses. In such a situation the criminal defense lawyer will ensure that the defendant fully understands the judicial process, and the lawyer could offer knowledgeable inputs regarding the judicial process that would benefit the defense. Without crucial inputs it could become difficult for the defendant to agree to plea bargaining that could offer him a way out of the morass of prolonged litigation.
The vastly experienced criminal lawyer would be able to unearth hidden judgments in prior hearings that could have a positive bearing on the defendant’s case. It could be possible that the search of your premises or possessions by the police was entirely illegal and that could pave the way for dismissal of charges or lower the seriousness of the offense. The defendant could be losing the protection vested in the 4th Amendment of the Constitution. The defendant, no matter how savvy he might be in knowing the rules, could err in deciding his own case by incorrectly quoting the law.
Defendants also may miss out on the larger picture in pleading guilty to a crime, and may not fully realize the consequences of an open admission of guilt in court. They may be ruling out a shorter sentence or find it doubly hard to apply and get jobs in the distant future. It requires a trained criminal defense lawyer to explain the hidden costs and pitfalls attendant on pleading guilty in court.
Having the lawyer pleading your case in court frees the defendant to pursue his job and career and he gets to care for his family and dependents knowing fully well that courts and law matters are in able hands. A lawyer is also more skilled at gathering indisputable evidence and persuading witnesses to testify in court, something a defendant might not be capable of doing.
The lawyer can present the evidence in such a fashion as to throw light on your innocence or question the merits of the prosecutions pleadings. His arguments and cross examination of prosecution witnesses may make them look less credible, and the evidence less threatening.
Ultimately there is a huge gap between knowing the law after cursory readings of legal literature and practicing the law and knowing how each line of argument can make or break your case, and that is a role that fits the experienced lawyer to the tee. Hiring the criminal defense lawyer might make the difference between rotting in prison for an offense you might not have committed and spending valuable time with your family, planning, conceptualizing and creating a rosier future.