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When to Hire a Criminal Defense Attorney

When to Hire a Criminal Defense Attorney

Anyone facing assault and battery charges, drug charges, theft charges, homicide charges, fraud, and financial crime charges, and alcohol crime charges should hire an aggressive defense attorney right away. The earlier the defendant brings a defense attorney on board, the better the chance of avoiding a prolonged legal battle that could see the defendant spend time in prison, pay hefty fines, or suffer other stringent consequences.

Defending against criminal charges can be a distressing and emotional process. The unwavering support, representation, and comfort that a defendant gets from a criminal defense attorney from the start to the end of the case are invaluable. The attorney can walk the defendant through the court proceedings for the specific criminal charges he or she is facing.

What is the Right Time to Hire a Criminal Defense Attorney?

Ideally, an accused person should have a defense attorney from the time of the arrest. Although this may not be possible, the defendant should strive to get an attorney on board immediately after getting released. The defendant should talk to the attorney before the arraignment to gain a clear understanding of what charges he or she is facing.

Arraignment  

An arraignment refers to a court proceeding during which a criminal defendant is informed of the charges he or she is facing. At this stage, the defendant has the option of pleading guilty, not guilty, or no contest. The defense attorney will advise the defendant how he or she should plead and provide representation during the hearing.

The attorney will ask for bail or request the court to release the defendant on his or her recognizance. If the defendant enters a no-contest, plea bargain, or guilty plea, the court will schedule a sentencing date. If the defendant enters a not guilty plea, a pre-trial conference will ensue.

Pre-Trial

If a solution or plea deal isn’t found at the pre-trial conference, the case will go before an appointed judge or jury. The defense attorney will try to get the case dropped because of limited or lack of evidence. The attorney could negotiate a plea deal in exchange for reduced charges. The defendant could end up with a reduced jail sentence or serve probation rather than jail time.

At Trial

The criminal defense attorney will evaluate the specifics and circumstances of the case. The attorney will look at the police reports, witness statements, and any other piece of evidence. The objective would be to build an evidence-supported defense strategy for the case.

The attorney will speak on the defendant’s behalf during the court hearing. The attorney will introduce witnesses and cross-question the witnesses of the prosecution office.

The burden of proof lies on the state. The state must, therefore, prove beyond a reasonable doubt that the defendant committed the crime. The defendant’s attorney will poke holes into the evidence submitted and convince the jury that the prosecutor has failed to meet the burden of proof. The goal is to show the jury that there is no sufficient evidence to convict the defendant of the crime.

Sentencing

If the defendant takes a plea bargain or is convicted of the crime, the defense attorney will try to negotiate for a minimum sentence. If the defendant has to spend time in prison, the attorney will try to persuade the judge that probation or any other imprisonment alternative would be the best way to serve justice.

Charges that Require a Criminal Defense Attorney

Assault and Battery Charges

These charges attract serious consequences. A person facing assault and battery charges should have an aggressive attorney on his or her side from the start. Some defenses available to these charges include self-defense, defense of property and/or others, and voluntary consent.

Drug Charges

A drug conviction in Minnesota comes with harsh penalties. It also carries with it a plethora of hidden consequences, including difficulty securing a job, deportation, loss of driver’s license, and loss of a professional license. Dealing with drug charges will require the knowledge, resources, and skill sets of a defense attorney.

Theft Charges

An attorney can present evidence to show that the defendant was the legal owner of the property in question. The attorney can also demonstrate that the defendant didn’t intend to steal by proving that the defendant was intoxicated when he or she committed the crime. Demonstrating that the stolen property or items were returned may also be instrumental in getting the charges reduced.

Homicide Charges

Homicide refers to the act of one person taking the life of another person, no matter the circumstances. Some homicides are deemed justifiable, like killing a person to stop a serious crime from happening. Other homicides are deemed excusable, such as when someone kills in self-defense. Those that cannot be considered either justifiable or excusable by the relevant criminal code are deemed criminal homicides.

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