Criminal Defense Attorney Overview

Criminal Lawyer Representation Is Key When Facing Criminal Charges

When someone is arrested and charged with a crime, they have certain rights, including the right to be represented by an attorney. A criminal conviction can have serious consequences to a person’s freedom, reputation, and personal relationships, as well as their ability to obtain employment and housing. Because of these potential effects, it is essential for anyone facing criminal charges to be represented by a skilled, knowledgeable attorney.

Anyone who is arrested or questioned by police should know their rights and the risks they may face when they answer questions or provide information to law enforcement. Even if a person does not believe that they did anything wrong, has not been informed that they are a suspect, or simply wishes to help out with a case by answering some questions, anything they say or do could lead to criminal charges and be used against them.

Even though police officers are required to inform people of their rights when they are being officially questioned after being arrested, they will often use deceptive or manipulative tactics. They are allowed to lie during questioning, such as by claiming that they have evidence showing that a person is guilty or making up statements made by others who were allegedly involved in an offense. Anyone who is being questioned by police can invoke their right to remain silent. Because of the risks of speaking to police, it is always recommended that a person have their attorney present during questioning.

Types of Criminal Charges

Each state has its own laws detailing the nature of certain crimes and the potential punishments. Crimes are typically classified as misdemeanors or felonies. Misdemeanors are less serious, and they are usually punished by fines and less than one year in jail. Felonies are more serious, and they can result in significant fines and long periods of imprisonment.

A variety of activities may result in criminal charges, including:

• Driving under the influence of alcohol or drugs (typically referred to as DUI or DWI, depending on the state).
• Drug crimes, including the possession or trafficking of marijuana or other drugs.
• Violent crimes such as murder, assault and battery, or domestic violence.
• Weapons charges involving the illegal possession or use of a firearm or other deadly weapon.
• Theft, including retail theft (shoplifting), employee theft, or burglary.
• White collar crimes such as embezzlement, forgery, identity theft, or credit card fraud.
• Sex crimes such as sexual assault, sexual abuse, sexual harassment, statutory rape, or child pornography.
• Internet and cyber crimes such as hacking, cyber stalking, or theft of intellectual property.
• Traffic violations, including aggravated speeding and commercial driver’s license (CDL) violations.
• Federal crimes which fall under the jurisdiction of the United States rather than a state.
• Juvenile crimes involving minors under the age of 18.

Defense Strategies

A skilled criminal defense lawyer may use a number of strategies when defending a client against criminal charges, including:

• Providing an alibi showing that the defendant was not present at the time and place the crime was committed.
• Demonstrating that police officers did not have probable cause to arrest the defendant.
• Arguing that the evidence provided by the prosecution does not meet the burden of proof to show that the defendant is guilty.
• Questioning the admissibility of evidence which was obtained through illegal means, including unlawful searches and seizures conducted without search warrants.
• Demonstrating that there were mitigating circumstances, such as showing that a person was acting in self-defense.
• Questioning the reliability of evidence, such as by showing that a breathalyzer machine used to measure a person's blood alcohol content was not calibrated correctly.
• Arguing that there was a mistaken identity, such as by showing that a witness could not conclusively identify a defendant.

In addition to providing defense in a criminal trial, a defense attorney may be able to negotiate with prosecutors to have charges reduced or dismissed or to obtain lesser sentences such as probation or community service in exchange for a guilty plea. An attorney can also assist with the expungement or sealing of criminal records after a case has concluded, depending on the laws of the state in which the case occurred.