A lot of people facing criminal charges resist hiring a lawyer because they are afraid of incurring high legal fees. They might also truly believe they did nothing wrong, and there is no need for a lawyer once the truth comes out. Unfortunately, the harsh reality of the situation is that charges are more likely to stick if you do not assert the right defense, which you need a lawyer to help you do.
First, your lawyer is key to protecting your rights. The police and prosecutors are not on your side, and while they are not permitted to violate your rights, it is not their job to protect you. Your attorney will assert your defense and protect you from government overreach and legal violations. For example, if prosecutors want to use evidence that was seized without a warrant, your attorney can help you prevent them from doing so, as the evidence is illegal. Second, the law is extremely complex. Applying the law to the facts of a case might be more than the average person can handle. It is never too early to contact an attorney.
Receive a free, confidential case evaluation by calling (801) 758-2287 and talking to our criminal defense lawyers with Overson & Bugden.
Protecting Your Rights in a Cedar City Criminal Case
One of the most important things to remember if you have been arrested and charged with a crime is that you have inalienable rights that the authorities must not violate. If they do, evidence obtained through this violation should be identified and excluded from your case. Your first step toward developing an effective defense with our criminal defense lawyers is to discuss what rights you have and how to protect them.
Miranda Rights
Your Miranda rights become important almost right away. These rights come up after a person is arrested and the police want to conduct custodial interrogation. Put another way, your Miranda rights are implicated when the police hold you in custody and ask questions about the alleged offense. Your Miranda rights might sound familiar. They include your rights to remain silent and to have a lawyer present while the police question you. You should assert these rights as soon as possible. Once you do, questioning must immediately halt, and you must be given the chance to contact an attorney.
If the police violate your Miranda rights by disregarding them or failing to read them to you before questioning, there are serious consequences. If the police obtain incriminating information about you after violating your Miranda rights, that information can and should be excluded from the case.
Unreasonable Searches and Seizures
All people in the United States have rights protecting them from unreasonable searches and seizures. Even if you are being investigated for a crime, the police cannot arrest you, search your private property, or seize your property without a valid warrant or an exception to the warrant rule. If such a violation occurs, evidence obtained pursuant to the violation may be suppressed and kept out of your trial.
Many defendants do not realize their rights have been violated until after the fact. For example, the police might show up at your home and demand to be let in to search, so you let them because you are too scared to say no. You might find out later that they did not have a warrant and intimidated you into complying. Your lawyer can help you make sure any evidence they seized during this illegal search is excluded from your case and not used against you. In some cases, so much evidence ends up being excluded that prosecutors can no longer justify the charges, so the case is dropped.
Due Process
Your due process rights guarantee that you get a fair trial and access to legal representation and that all legal rules and procedures are adhered to in your case. Put another way, your right to due process is like a guarantee that the government must follow its own rules and provide a fair trial for criminal defendants. If something like an important hearing is skipped or important procedures are not followed, your attorney can assert your right to due process. If the problem cannot be corrected, we might persuade a judge to dismiss your charges. Due process violations might be something huge, like the introduction of illegally obtained evidence in your trial. It might instead be something small, like an important notice or letter from the court being sent to the wrong address.
Why You Should Hire Cedar City Criminal Defense Attorney
The criminal justice process begins immediately upon arrest and will not stop just because you feel overwhelmed or unprepared. The law is extremely complex, and you need a lawyer who can apply the law to the facts and identify effective defense tactics and strategies.
Opportunities to assert your defense often come up multiple times before the actual trial. Your attorney can spot these opportunities and work to assert your defense over and over again. In some cases, a good attorney ends the case before it even begins. For example, if you have a preliminary hearing, your attorney might determine that there is insufficient evidence to move the case forward, and the judge might dismiss the charges.
You should also keep in mind that the criminal justice process is rarely quick. You might spend weeks or even months waiting for your trial date, and your attorney can help you prepare during this time. They can interview witnesses, review police reports, and find evidence that helps your case. It is not unusual to find defendants trying to handle their case alone, often out of fear of expensive legal fees. This is not a good idea. Asserting a strong defense is very difficult, even with a lawyer’s help, and handling things alone could be a recipe for disaster.
Call Our Cedar City Criminal Defense Lawyers to Discuss Your Charges
Receive a free, confidential case evaluation by calling (801) 758-2287 and talking to our criminal defense lawyers with Overson & Bugden.