Do I Need a Criminal Defense Attorney?
If you are considering hiring an attorney, this article could change your mind.
You may be wondering whether hiring a defense attorney is really necessary in your case. You may be surprised to learn several ways that an attorney can help you and improve your case results.
I don’t think I can beat my case, should I still hire a lawyer?
Every good criminal defense lawyer knows that one of the most important things about handling a case is preparing to get a client a lesser sentence if they are found guilty. As such, even if you think the evidence of your guilt is strong, you should still hire a lawyer to advocate for you.
What are some ways a criminal defense lawyer can help if I am guilty?
There are basically two ways to resolve a case when it cannot be dismissed or won at trial. First, a plea deal or other resolution can be negotiated with the prosecutor, and second, a straight guilty plea can be entered. Depending on the situation, even if you’re guilty, you may be able to keep the conviction off your record.
What is a plea deal?
A plea deal, or plea bargain, is an agreement between the prosecutor and the defendant where a defendant pleads guilty to one or more charges in exchange for a sentence agreed upon by the prosecutor and the defendant. Plea deals may include jail time, probation, fines, or treatment programming depending on the seriousness of the charges. A good plea deal should give the defendant a lighter sentence than they would receive if they were to lose at trial. See more about plea deals here: Should I take a plea deal?
What is a straight plea?
A straight guilty plea is when you plead guilty to a charge without an agreement with the prosecutor. In this situation, your lawyer would have you plead guilty and would argue for a lighter sentence than you would receive if you lost at trial. This tactic is used when a deal cannot be reached with the prosecutor, and there is a good argument for a lighter sentence.
What are some ways to keep a conviction off of my record?
In some cases, a deal can be reached with the prosecutor where the case could be resolved without a conviction on your record. The first way is a stay of adjudication. With a stay of adjudication, you would plead guilty, but the judge would not accept your guilty plea. If you complete probation without any violations, the charge would be dismissed at the end of probation. The second way is a continuance for dismissal. Under a continuance for dismissal, you would not plead guilty, but would agree not to have any same or similar offenses for a period of time and would pay a fine. If you completed those conditions, your charge would be dismissed at the end of that period.
What are some strategies to receiving a lighter sentence despite my guilt?
Essentially, the criminal defense lawyer’s job in this regard is to make you look good to the prosecutor and the court. The lawyer may use your record of employment, family situation, and other personal characteristics. The lawyer may also recommend you attend chemical dependency treatment, anger management, counseling, or other programming to show the prosecutor and court that you are taking any issues you may have seriously.
The attorneys at Sieben & Cotter have been successful in obtaining reduced sentences for their clients. If you have been charged with a crime, act quickly: