Hopefully, you will never need a criminal defense attorney. But you will be glad you have one if you are facing serious criminal charges. Criminal defense attorneys serve as an essential safeguard in upholding citizens’ rights when facing criminal charges.
Here is what you need to know about criminal defense lawyers and when you might need one.
Your Right to a Criminal Defense Attorney
The Sixth Amendment to the United States Constitution states that a person has a right to have the assistance of counsel in “all criminal prosecutions.” This includes felony and misdemeanor offenses. Misdemeanors in Texas can be punished by up to one year in jail.
This right attaches when a judicial proceeding is initiated against a criminal defendant, such as when they are formally charged or during an indictment or arraignment.
Law enforcement does not have to inform you of your right to legal counsel at every possible interaction with you. For example, a law enforcement officer can legally stop you in a public place and ask you questions.
If you make statements that incriminate you during this questioning, law enforcement can use them against you. For this reason, it is usually best to remain silent during any interactions with police except for providing basic information to identify yourself.
When You Need a Criminal Defense Attorney
While the U.S. Constitution gives you the right to contact an attorney when charges are filed against you, there are many reasons to consider hiring a lawyer before this point, including:
- When you are being interrogated by police, you do not say anything that might incriminate you
- When police read you Miranda warnings informing you of your rights so you can get ahead of any potential criminal charges
- If someone accuses you of a crime and you want to try to prevent criminal charges from wrongfully being filed against you
- When law enforcement asks you to be part of a lineup so that you can have a legal advocate ensure that the process is carried out appropriately
- When you are arrested so that you can post bond as quickly as possible and help lodge a defense against the crime
If you think you might need a criminal defense lawyer, it’s at least worth reaching out for a free consultation.
What Criminal Defense Attorneys Do
Criminal defense lawyers are crucial in protecting your freedom and legal rights. If you suspect you are under criminal investigation or have been formally charged with a crime, a criminal defense lawyer can:
- Be present during any interactions with police and prosecution
- Investigate your case, interview you, speak with witnesses, and examine evidence
- Try to convince the prosecutor not to bring charges against you if there is insufficient evidence to support them
- Challenge any search warrants or illegal searches
- Represent you at all court hearings, including during indictments, arraignments, preliminary hearings, bond hearings, and other pre-trial judicial proceedings
- Negotiate with the prosecution for a favorable outcome if possible, such as a dismissal of your charges
- Argue for the suppression of evidence or other judicial rulings in your favor
- Challenge any biased jurors
- Examine and cross-examine witnesses at your trial
The prosecution has the heavy burden of proving your guilt beyond a reasonable doubt. A criminal defense lawyer’s job is to argue the prosecution has failed to meet this burden.
If you’ve been charged with a crime, reach out to an attorney as soon as you can for legal help. A trusted lawyer can make all the difference in the outcome of your case.
Cody Cofer is a partner at the Cofer Luster Criminal Defense Lawyers, a law firm based in Fort Worth, TX, with over 60 years of combined experience. Contact them for a free consultation today.
