If you’ve been in a fight, there is a very good chance that you’ll be charged with a crime. When that happens, you need a professional on your side to help you navigate the complex legal system and give you the best odds of prevailing. As the old saying goes, “Lawyers who represent themselves in court have idiots for clients.” Seriously, the average person is woefully unprepared to defend himself in court. That’s like a weekend golfer trying to compete with Tiger Woods. You could get in a lucky shot and win a hole or two, but your odds of victory over an 18 -hole course are miniscule at best.
You need the best attorney (or team of attorneys) you can afford to help you out. The legal fight is just as dangerous if not more so than the physical fight you just survived. Lose this one and you may very well lose your freedom, your job, your house, your relationships, and your money. Relying on an underpaid, overworked public defender appointed by the court is the last thing you should do unless you absolutely have no other choice. You want someone fully committed to win your case.
It is very useful to have an attorney in mind before you actually need one. It’s downright imperative if you have a concealed weapon permit and carry a firearm or work in a violence-prone vocation (for example, bouncer, bounty hunter, security guard). The challenge is that surfing the net or browsing the yellow pages is a time- consuming, haphazard way to find one. A good place to find a solid reference is through a friend or relative. Even if they have only used someone for civil matters such as creating a will, their attorney will likely know someone who specializes in criminal defense law. If you are enrolled in college, you can check with the law school there. They will often have an excellent referral service. You can also contact the Bar Association where you live or work to find solid referrals.
Officers tend to err on the side of caution, prudently letting a judge determine guilt or innocence. They want to eliminate the immediate threat and control the danger that you and/or your adversary have caused to the public welfare.
It’s important to find a lawyer who has a long track record in the applicable field of law, someone who has successfully worked on cases like yours in the recent past. For example, a DUI[31] attorney might be the top player in his field, a real expert at defending accused drunk drivers, yet totally incompetent to handle a murder case. Further, since many violent crime cases like murder or aggravated assault are settled with a plea bargain instead of going to trial, you will want someone who has experience adjudicating a case like yours through the whole process. If you truly are innocent, pleading guilty to a lesser offense would be highly inadvisable in most instances. Take your attorney’s advice on that though, not ours.
In firms with multiple attorneys, different lawyers may represent different cases or different aspects of the same case. Be sure to meet the person who will actually be representing your case. If a team is likely to be involved, be sure to meet with each specialist before agreeing to anything. This reasonable request should be readily accommodated. After all, you are the paying customer. It is your welfare on the line.
Understand what and how you will be charged for the case. You will undoubtedly want to hire the best attorney you can possibly afford, but you should always understand the pricing structure before signing any contract. For example, research work may include activities performed by clerks, investigators, or analysts in addition to the attorney who heads up your case. Expert witnesses may be retained as well. Understand how the fees for each aspect of the case will be handled and what options, if any, there are. Some attorneys quote flat fees while others charge by the hour. Some accept payment schedules while others require payment prior to performance of the service.
Ascertain how reliable, available, and responsive your prospective lawyer is likely to be. Most attorneys keep a running backlog of cases, managing multiple clients at the same time. Regardless, it is important that you be able to contact your attorney whenever you need assistance throughout the legal process as well as whenever any new information about your case may arise. Understand your prospective attorney’s schedule and availability, asking questions such as how often you will be able to meet with him or her. You may be relying on this person not only to defend you in a criminal court but also in any follow-on civil procedure as well, so you don’t want someone who’s too busy to give you his or her best work.
Once you have selected someone to defend you, you will need to be patient and cooperate. Never forget that your attorney is literally your lifeline, protecting your freedom and reputation. While you are bound to be anxious and generally afraid, the justice system moves rather slowly at times.
Ask about the costs, benefits, and risks of pursuing any particular legal strategy. Cooperate with your defense attorney to help expedite the process by promptly providing information. Be willing to do some of your own legwork, gathering documents and information as requested. Keep a log of any questions you might have so that you can discuss them during regular consultations rather than contacting your attorney every time something pops into your head.
As your case progresses, your attorney will work with you to develop a plan for securing your freedom and restoring your reputation. Criminal defense strategies can include alibis, justifications, procedural defenses, and excuses. While the particulars of each case will be different, alibis and justifications are fairly common and are generally effective defense strategies. Procedural and excuse defenses can be challenging to prove in a court of law. There are a few other innovative defenses as well, but they are unorthodox, fairly rare, and not generally effective.
The average person is woefully unprepared to defend himself in court. That’s like a weekend golfer trying to compete with Tiger Woods. You could get in a lucky shot and win a hole or two, but your odds of victory over an 18 -hole course are miniscule. You need the best attorney you can afford to help you out. Relying on an underpaid, overworked public defender appointed by the court is the last thing you should do unless you absolutely have no other choice. You want someone fully committed to win your case. This legal fight is just as dangerous if not more so than the physical fight you just survived. You may be facing both criminal and civil litigation with your freedom, your job, your house, your relationships, and your money on the line.
• An alibi is based upon a premise that you are completely innocent, attempting to prove that you were in another place when the alleged act was committed and could therefore not possibly be guilty.
• A justification is where you admit that you committed the act but should not be held liable for your actions because of certain special or extenuating circumstances. A justification for murder, for example, is a legitimate claim of self-defense (which makes it not a murder in the eyes of the court).
• A procedural defense attempts to prove that while you broke the law, you cannot be held criminally liable because the state violated a procedural rule. Examples include entrapment, prosecutorial misconduct, double jeopardy, or denial of a speedy trial. In these instances, you may have done something wrong but cannot be found guilty.
• An excuse is an argument that you were not liable for your actions at the time a law was broken. Examples include diminished capacity, duress, or insanity. While you may not be criminally liable in such instances, you may still be civilly committed to professional counseling in order to assure that you recover from the illness that let you off the hook.
• Other so-called “innovative defenses” can include allegations of long-term abuse, premenstrual syndrome, battered women’s syndrome, urban survival syndrome, and other creative things that lawyers occasionally use to try to convince a jury to acquit a defendant. These things rarely work, however, and are generally not something a prudent attorney would try. Be cautious if your attorney suggests pursuing this line of defense.
If you face a legal fight in the courtroom, it can be just as dangerous if not more so than the physical fight you survived on the street. You may be facing both criminal and civil litigation with your freedom, your job, your house, your relationships, and your money on the line. Find the best attorney you can afford, someone with the knowledge, skills, and experience necessary to help you win.
Realize That Courts Are About Resolution, Not Justice
