"Do I need a lawyer?"
If you have to ask this question, then you probably do. The severity of your circumstances can be decided only with the aid of an experienced attorney, and only after he is familiar with the facts of your case.
What if I am innocent of the charges brought against me?
This makes it all the more necessary to consult with a qualified criminal defense attorney. Just because you know that you are innocent does not mean that you will ultimately be found innocent. We all like to think that truth and justice prevails, but unfortunately that does not always happen. In fact, sometimes police and prosecutors are so eager to push cases through the system or to win a conviction that innocent people are found guilty of crimes they did not commit.
The only way to ensure that your rights are fully protected and that the evidence is fairly presented on your behalf in court is to obtain qualified, experienced counsel. He'll provide you with proper legal representation and fight for your rights.
Do I need a lawyer if my case is still under investigation and no charges have been filed against me?
Yes, your need for effective legal representation is just as great during the course of the police investigation. It is important to note that police and prosecutors do not always give people the benefit of doubt before they file charges. Also, they often make mistakes. Don't assume that the police will fairly decide whether you should be charged.
Any evidence in your favor needs to be investigated and preserved by your attorney as early as possible. In many cases he is able to bring evidence to the attention of the police and prosecutors before charges are filed - and persuade them not to file charges against you. It is often easier to convince prosecutors not to file charges in the first place, than to persuade them to dismiss charges once filed.
Should I speak with the Police?
NO! Make no statement and sign nothing. If the police think that you will talk, they may try to interview you. You may even believe that this is your chance to tell your story. However, the police are not there to clear you of suspicion. Their role is to gather evidence to convict you of a crime. When the police ask you questions, the first words out of your mouth should be: "I won't answer any questions without my lawyer."
The police regularly use deceptive tactics and lie to people under investigation. They tell you that if you tell them your side of the story, they will not arrest you. That is a lie. It is a regular police tactic - used in the hope that the accused will make a statement which can later be used against them in Court.
The police will try to trick you into talking without a lawyer by saying things like:
"If you didn't do it, you don't need a lawyer. You are not a suspect. Only guilty people ask for a lawyer! This is your only chance to tell your side of the story!"
These are lies the police frequently tell in hopes of getting you to give up your right to consult with a lawyer and to have that lawyer present with you during questioning. If they can trick you into talking without a lawyer, they will take advantage of your limited understanding of the law.
For example, did you know that the person who drives the car in a bank robbery can be found guilty of murder and armed robbery if a guard is shot. This is true even if the driver never entered the bank and had no idea his partner was armed. You have a right to remain silent and to have a lawyer present during any questioning. Many people sitting in prison today would be free if they had exercised their rights!
Whether you should speak to the police is an extremely important and complex decision, which can only be made with the advice of competent legal counsel.
What can my lawyer do if the charges have already been filed?
First, your lawyer will evaluate the evidence and determine if the government can prove its case against you. Sometimes prosecutors are mistaken about the strength of their evidence and can be persuaded to abandon their case after hearing both sides of the story. Other times, prosecutors can be persuaded to dismiss charges because of changes in the evidence.
If the evidence against you is too strong to obtain a dismissal of charges, your attorney will evaluate whether it is in your best interest to go trial or to obtain a negotiated plea bargain. Only an experienced criminal defense attorney can evaluate your chances for success at trial. If you and your attorney decide to go to trial, your attorney will develop a case to persuade the jury that there is a reasonable doubt as to whether you are guilty of the charges.
What if I just want to plead guilty?
If you wish to accept responsibility and plead guilty, you really need an experienced defense attorney. The penalties for may offenses are unexpectedly harsh, and the government is not always inclined to graciously accept your plea and agree to leniency. In fact, you may be able to take responsibility for the offense without suffering the ramifications of a guilty finding on your record. You do not have to just submit yourself to the blind teeth of the system. If you intend to admit to an offense, you need an attorney who will take the time to learn who you are, where you come from, and where you wish to go, and who can obtain the very best disposition for you.
