Very often, the trial defendant weary of the length and hardship that a prolonged trial imposes decides to plead guilty to secure a plea bargain with the prosecutor, but as always it’s wise to follow the advice of an experienced criminal defense lawyer.
The police need to ask you questions regarding the crime
The criminal defense lawyer should be contacted immediately if the police have evinced interest in questioning you regarding any crime that you could be specifically involved in. Your first reaction should be to remain silent during the initial interaction with the police authorities. The logic behind silence is not to commit any detail that might incriminate you in court or any further proceedings. It is absolutely essential that the police do not link you in any manner to the crime scene or the crime itself. The presence of the lawyer will ensure that the authorities will be on their best behavior during the interrogation and will not take undue advantage of you in a pressure situation.
The police have arrested and booked you for a crime
This is a crucial moment when anything that you say could implicate you in the crime and make it easier for the prosecution to prove the charges. The presence of a criminal lawyer will ensure that you receive top class legal guidance, especially when you are in an emotionally charged situation and could be more prone to speaking out of turn. The lawyer is valuable insurance ensuring that you don’t get taken for a ride, and procedures are not foisted on you by circumventing the law.
In a Terry Stop the police are duty bound to follow certain regulated procedures regarding frisking and search of personal possessions that can be violated in the heat of the moment. Any violation of laid down procedures renders all evidence inadmissible in court. It is for the lawyer to point out such violations and ensure you don’t suffer unduly.
A search conducted without a valid warrant is not permissible. The police, beyond conducting a cursory search, cannot ask to examine your car or seize your personal possessions even if it is suspected that you are carrying contraband. Only a warrant enables police to conduct search and seize operations. The trained lawyer can marshal arguments dismissing charges if your constitutional rights are infringed. Many cases and serious charges have been dismissed at the preliminary stage, an outcome only a competent criminal lawyer can ensure.
A trial presents its own challenges and many defendants will be at their wits end determining how to react and respond to various charges. Sometimes the criminal lawyer might sense that it would be expedient to plead guilty to minor charges and settle for a reduced sentence, offering a plea bargain to the prosecution as a way of avoiding a costly and time consuming trial. The prosecution might settle for the offer if they sense that they do not have sufficient evidence to press charges. In the ultimate analysis, the criminal defense lawyer is in the best position to judge the merits and demerits of your situation and to negotiate the plea bargain.
The lawyer may also point out the consequences of a prolonged trial that could result in a guilty verdict and associated heavy sentencing when the better option would be to press for quick closure and a negotiated settlement. Besides, stiffer penalties could come in the way of your employment prospects and career advancement.
Avoiding a prolonged trial is possible if you can get an experienced criminal defense lawyer to negotiate a plea bargain with the prosecution. With the huge pendency of cases, the harried prosecutor may be all ears to a plea bargain that not only reduces his work load and but saves him from following up a long drawn out trial promising an indifferent outcome.
Basically, the plea bargain reduces jail time and protects the defendant from harsher punishment if he confesses to the crime. Only a trained criminal defense lawyer can test the waters to ascertain whether plea bargaining is the best option to protect your interests.
Instead of remaining in jail and exposing yourself to a harsh and deadly environment, besides ruining your employment prospects, you could opt for bail, and a criminal lawyer could offer you help to secure bail when all things look gloomy and dismal. The lawyer’s arguments could be instrumental in securing your release from prison so that you can pick up the pieces and resume your shattered life. Securing bail isn’t easy and the lawyer can effectively work the legal wheels while you focus on getting on with your life outside prison.
In any crime it is recommended that you consult a good lawyer to understand various legal options. Often, a brief consultation with an experienced criminal defense lawyer alters the course of your life by enabling you to take the right decisions. A trained lawyer will give you the right perspective on the charges that have been filed against you, and give you valuable inputs on the strategy that you could follow in the ensuing trial. This is of utmost importance when the charges have gravitated to more serious felony violations.
If you happen to be facing serious charges and you are in line for a prolonged trial it pays rich dividends to engage a good criminal defense lawyer to work the legal system so that the ultimate verdict will be turned in your favor, and you escape harsher sentencing than what is justified in your case. Good criminal defense lawyers have been known to get charges dismissed at the onset, preventing a case from proceeding to the trial stage.