Law

5 Signs It’s Time to Get on the Phone and Call a Criminal Defense Attorney

Written by Jimmy Rustling

No law-abiding citizen ever anticipates being hit with criminal charges. But even if you cross all your t’s and dot all your i’s, legal problems of epic proportions could still come your way. 

You might be in the wrong place at the wrong time, someone might maliciously accuse you of something you didn’t do, or it could simply be an unfortunate case of mistaken identity.

Whether guilty or not, your first course of action should be to hire a criminal defense attorney.

Some people hesitate, either because they hope the problem will go away on its own or because they’re worried about the costs of hiring an attorney. But waiting too long can make your situation much worse—possibly robbing you of your liberty if there’s a prison sentence.

Here are five clear signs that it’s time to stop dragging your feet and get professional legal help.

  1. You’re Being Investigated by the Police

If the police have already called you—trouble is ahead. The police will approach you and say they only have “a few questions,” or inform you that you aren’t being arrested. Keep in mind, though, that they can use whatever you say to them against you later.

Being questioned does not necessarily mean you’ll get arrested, though it puts your name in the spotlight. Instead of rolling the dice and speaking to police independently, you should consult with a criminal defense lawyer. A criminal defense attorney can help by doing the following:

  • Represent you when you speak to the police
  • Tell you what to say (and what not to say)
  • Negotiate for you and potentially get charges reduced or dropped

It’s in your best interest to have an attorney involved as soon as possible so you don’t do something that you’ll later regret.

  1. You’ve Been Charged with a Crime

It goes without saying that you need a lawyer if you’ve been charged with a crime. Don’t be fooled into thinking you can do it yourself. Self-representation is a right, sure, but it’s not a wise decision when considering the potential consequences if you’re found guilty.

A criminal defense attorney will review the prosecution’s evidence for vulnerabilities, discuss potential punishments and long-term effects, negotiate with prosecutors for reduced charges, and represent you in court if the case goes to trial.

  1. You’re Facing Severe Punishment

If the possible penalties are severe, you need an attorney in your corner. Felonies, violent offenses, or crimes involving large fines, lengthy prison sentences, or immigration penalties aren’t things you’ll want to tackle on your own.

Repeat offenses are also severe. For example, a second DUI will typically result in stiffer fines and longer license suspensions. Similarly, repeat offenses of assault or theft can elevate what otherwise would be a misdemeanor to a felony.

  1. Your Rights May Have Been Violated

The criminal justice system is there to safeguard your rights as outlined in the Constitution. But in our imperfect society, there are some places where abuses and mistakes do happen. 

You may have, for example, experienced the following:

  • Been detained on less than a reasonable suspicion
  • Been searched without a valid warrant
  • Been interrogated without being advised of your right to remain silent
  • Been refused access to a lawyer while being questioned

If you believe your rights have been violated, you should contact a criminal defense lawyer. The legal professional might be able to file motions to toss out certain evidence, which can prove fatal to the prosecution’s case. Violation of your rights can even result in charges being dismissed in certain cases.

  1. You’re Not Clear on What the Legal Process Entails

Criminal cases are full of technical rules, timeliness, and procedures. Court proceedings, bail hearings, plea bargains, and trial preparations are not the kind of things that the general public is necessarily qualified to do independently. Missing one deadline or not responding to a notice can ruin your case. You won’t have to worry about such things, though, if you have a lawyer.

If you find yourself facing any of the following situations—whether you are being investigated, already charged, or just overwhelmed by the process—it’s time to call a criminal defense lawyer. 

Making the call could be the difference between going free and facing severe legal consequences.

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About the author

Jimmy Rustling

Born at an early age, Jimmy Rustling has found solace and comfort knowing that his humble actions have made this multiverse a better place for every man, woman and child ever known to exist. Dr. Jimmy Rustling has won many awards for excellence in writing including fourteen Peabody awards and a handful of Pulitzer Prizes. When Jimmies are not being Rustled the kind Dr. enjoys being an amazing husband to his beautiful, soulmate; Anastasia, a Russian mail order bride of almost 2 months. Dr. Rustling also spends 12-15 hours each day teaching their adopted 8-year-old Syrian refugee daughter how to read and write.