Criminal and Traffic Defense
This is an informative lens about criminal and traffic defense. Here you can find general information about your rights upon being accused or suspected of a crime or traffic offense. If after reading through the information below you have a question about something mentioned on this lens, it is recommended that you seek the advice of an attorney licensed to practice in your state.
Law & Order
To most people, what you know of the legal system is what you see on television shows such as Law & Order. The police and detectives investigate the crime scene, talk to witnesses, confer with each other about possible motives, and show up with the police to arrest the suspect. Then someone from the prosecutor's office comes and talks the witness and tries to get him or her to confess. The prosecutor may offer the suspect a deal in exchange for a confession or information about the others involved in the crime. The case goes to trial, and usually the prosecution emerges victorious, leaving you the viewer feeling as if justice has been served.
Unfortunately, the real legal system is not so glamorous. There are many times where the police get the right person and justice is done. There are also many times, however, when they accuse the wrong person of a crime. Those accused of a crime can face imprisonment and substantial fines. The effects of a criminal charge can last long after the actual punishment, impacting your ability to get a job, straining relationships with family and friends, and tarnishing your reputation in the community. Some charges, such as those considered sex crimes, can require you to register with local law enforcement and notify those living near you for years or even the remainder of your lifetime.
Facing criminal charges?
If you find yourself facing criminal charges, whether you are guilty or not, it is very important that you immediately ask for and obtain a lawyer before answering any questions from the police or prosecutor. Once you have been notified you are under arrest, you have the Constitutional right to an attorney and to remain silent. Anything you say after that can, and most likely will, be used by the prosecution against you if you don't have a lawyer present to help. Even a question that seems as harmless as asking you what happened can hurt you, as what you say could at trial be considered an admission of guilt. An attorney can help make sure you don't say anything that can be used to implicate you in a crime or convict you.
Once you have retained a lawyer, he or she will be able to investigate the situation on your behalf - just as the police is doing against you. A lawyer can speak with the prosecutor and help you get a deal, allowing you to plead to a lesser charge in exchange for your testimony or a guilty plea to the lesser charge. If you feel you have been unfairly charged with a crime, a lawyer can help you fight the charges to get them dropped or you found not guilty. The police and prosecutor are human and make mistakes, and a lawyer can help discover those mistakes.
Why you need an attorney to help defend you
You may feel that if you are not guilty, you have nothing to hide and will eventually be found not guilty with or without a lawyer. Even if you are completely innocent, as a defendant you face an uphill battle. The prosecution may have several attorneys working on your case, not to mention police officers and detectives doing investigation, all out to prove you are guilty of the crimes charged. The prosecutor you will be going up against has at least 3 years of formal legal education plus additional years of prosecuting experience. He or she will know the elements of the crimes you are being charged with, the minimum possible jail term and fine, how to elicit admissions of guilt from you, and proper court procedure. It sounds daunting, and honestly it is. Are you willing to take such a chance with your wallet and physical freedom? A lawyer can help.
If you are a defendant in a criminal case or have criminal charges pending against you, you should contact a lawyer right away. When it comes to your rights, time is of the importance. Many attorneys provide for free consultations and can help you decide whether his or her services can help.
Disclaimer
The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.