Advice From A Criminal Defense Lawyer

Feb 12th, 2020 | by Scott C. Thomas, Orange County Criminal Law Attorney

Dealing with law enforcement isn’t like what you see on cop shows on TV. If you are the target of the police, the best course of action is to hire an experienced criminal defense attorney to represent you and communicate with law enforcement on your behalf. Your very freedom may be at stake.

The most important thing for a criminal defense attorney to do is to protect their client from the police and prosecutors. Doing this involves explaining to their client what the law is and explaining the process of law enforcement and the court system. The best thing for a client to do is to listen carefully, believe what their attorney tells them, and take the advice of their criminal defense attorney.

If you are in trouble with the law, always hire a criminal defense attorney.

People who are in trouble with the law or who are being questioned by law enforcement should always have a criminal defense lawyer to represent them. Whether the person can afford to pay for a lawyer themselves or whether the state provides one, the smartest thing to do is avail themselves of an experienced criminal lawyer. A person’s very freedom might be at stake if they speak to the police or try to represent themselves in a criminal proceeding in front of a judge. Unfortunately, many people spend some time on the internet and think that they can represent themselves. But thinking this way is a huge mistake. Even having a court appointed attorney is better than having no attorney at all.

What should a criminal defense attorney do for their clients?

In many instances, criminal cases can be very complicated and very serious. If you are the target of law enforcement, there is a huge organization of police, investigators, detectives, prosecutors, and experts that can be used against you. Therefore, a person who is charged with a crime should also have the best team that can be put together to represent them in the criminal proceeding.

Hiring a criminal defense attorney to represent you is very important. They are here to make sure that you are being treated fairly and that laws are being followed. In representing their clients, a good criminal defense lawyer will do a variety of things to get the best results. Here is a list of things that experienced criminal defense attorneys will do on behalf of their clients:

  • Interview the client in a confidential manner to understand the client’s version of events;
  • Locate and interview witnesses, securing facts and establishing witness’ statements and version of events so their recollection will not change;
  • Communicate with law enforcement;
  • Represent the client in court proceedings, including pleading innocent or guilty;
  • Research the law as it applies to the case;
  • Create a pre-trial and trial strategy that focuses on proving the innocence of the client;
  • Locate, develop, and secure evidence that will be exculpatory to the client;
  • Build a defense of the client based upon the case strategy and available admissible evidence;
  • Negotiate with the prosecutors regarding reducing charges and/or sentencing and prison time;
  • Review all of the evidence that has been compiled by the prosecution;
  • Research, draft, and argue motions in front of the presiding judge such as motions to dismiss the charges or motions to suppress hearsay evidence or illegal search evidence;
  • Prepare for a trial, including preparing opening and closing statements and the cross-examination of witnesses at the trial;
  • File any necessary appeals of an adverse verdict and sentencing.

Should you talk to the police?

Most experienced criminal defense attorneys will tell you that you should not talk to the police, especially without having a lawyer sitting next to you. Most people see how the police, detectives, and investigators act on TV shows, but this is not how it normally works in the real world. In most instances, if the police are asking that you come in to talk to them, most likely you are already a target. Further, most likely they already think you committed the crime. If you are invited to the police station, in many cases you can likely expect not to leave and you can expect to the arrested. Therefore, not communicating with the police without first hiring an experienced criminal defense attorney is the best course of action.

This is not to say that a person should go underground and flee if they know that the police are interested in talking with them. You fleeing from the police can actually make things much worse for you. Instead, you should do the opposite. First, you should hire an experienced criminal defense lawyer to communicate with the police. The attorney should try to learn as much information about the matter as possible and the reasons supporting why the police want to talk to you. Also, your lawyer can establish some ground-rules for a possible meeting with the police. All of these actions would be done to protect the client and his or her freedom.

Being accused of a crime can be very scary and stressful, but you don’t have to go through it alone. Hiring an experienced criminal defense attorney will help you through the process and give you peace of mind. Having a lawyer will help make sure that “the system” will treat you fairly and lawfully.

Scott C. Thomas

Law Office of Scott C. Thomas
(949) 945-2085

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