Unfortunately, many innocent people are accused of crimes every year, some of which result in wrongful convictions. Innocent people accused of crimes often have a rosy view of the criminal justice system. They believe the truth will come out, and the prosecutor will realize they have the wrong person. This isn’t usually the case.
Our criminal justice system is adversarial. It is designed for prosecutors to work as hard as possible to convict defendants and for criminal defense lawyers to work as hard as possible to defend them. An imbalance can result in innocent people being convicted of crimes without an attorney.
A Criminal Conviction Can Have Serious Consequences
Any criminal conviction can have serious consequences. Whether a misdemeanor or a felony, consequences could include jail time, fines, and a criminal record.
There are also potential collateral consequences like:
- Losing the right to vote or own a firearm
- Difficulty finding employment
- Difficulty finding housing
- Ineligibility for certain loans or government assistance
- Social stigma and isolation
Even if you are accused of a seemingly minor crime, you should enlist the help of a criminal defense lawyer so that you don’t risk a conviction.
The Role Of A Criminal Defense Lawyer
A criminal defense lawyer can help people who are innocent in several ways. There are many aspects to an attorney’s role, some of which go unnoticed.
The main role of a criminal defense lawyer is to protect their client’s rights and ensure that they have a fair trial. Furthermore, they can help a client advocate for themselves and present their defense in the most persuasive and compelling way.
Every criminal case is different, but some of the work that a lawyer performs includes:
- Explaining the charges and potential penalties
- Filing bond motions
- Filing motions in limine
- Reviewing evidence
- Communicating with the prosecutor, including negotiating for dismissal or a favorable plea deal
- Speaking on behalf of the client during every court hearing
- Preparing for trial
- Arguing the case during a jury trial
- Requesting a lenient sentence if convicted
- Appealing a conviction
It’s best to speak with a prospective lawyer directly about their work so that you understand exactly how they can help you.
The Police And Prosecutors Are Biased Against You
There is a common misconception that police and prosecutors are seeking justice. While most prosecutors and police don’t want an innocent person to go to jail, they are often too blinded by their investigation to accept that perhaps they have made a mistake.
By the time you are arrested and charged with a crime, the police and prosecutor will undoubtedly believe that you are guilty. Their focus from then on out is only to collect evidence to use against you.
Sometimes, people believe that they can talk their way out of trouble. If they can explain the situation, then surely the police or prosecutors will believe that they have the wrong person and dismiss the case. This almost never happens, at least not without the help of an experienced attorney.
More often than not, the police and prosecutors will use the defendant’s statements against them. Even a seemingly helpful statement can be twisted and used in a way the defendant never intended. That’s why you should never talk about your case with the police, or anyone, for that matter.
The prosecutors cannot speak with you directly if you have an attorney. They must direct all communications through your lawyer.
What About Self-Representation?
A criminal defendant has the right to represent themselves in court. Sometimes, innocent people opt for this route instead of paying a lawyer, which is almost always a mistake.
Criminal court can be very confusing. A lawyer is trained to understand the laws, criminal procedure, and complex legal issues. Many are experienced advocates with years of experience defending people. The average person lacks the knowledge to effectively represent themselves in court.
They may drag out the case and frustrate the judge or, even worse, jurors at trial. A defendant could miss important legal issues, such as objections or opportunities to exclude evidence. Furthermore, they could be ignorant of important filing deadlines, which could harm their chances of an acquittal.
Most importantly, a defendant who represents themselves is more likely to end up incriminating themselves. Hiring a lawyer doesn’t mean admitting guilt, but it sets you up to present the best possible defense.
Call Our Cleveland Criminal Defense Lawyers Today for a Free Consultation
You don’t want to risk being punished for crimes you did not commit. Call The Elkhatib Law Office today to schedule a free consultation. We will work together with you to build a strong defense and get your charges reduced or dropped.
