Do I need to hire a lawyer, or can I use a public defender?
Being charged with a crime is a difficult and stressful experience, and the choices you make now can impact you forever. Taking the wrong path can lead to problems from which you won’t be able to escape. One of the biggest decisions you will make is whether to hire a criminal defense lawyer or use a public defender.
Public Defenders
If you face criminal charges and don’t have much money, you probably qualify for a public defender. These lawyers work for the government and provide legal services to defendants who would otherwise not have access to legal representation. Take a quick look at the benefits and downsides so that you can choose the right path for your situation.
Benefits
For many people, the main benefit of public defenders is that they are free. Fighting criminal charges is not cheap and can put a dent in almost anyone’s bank account. Also, public defenders have experience working with prosecutors and can sometimes get fair plea deals.
Downsides
Since public defenders have countless cases to manage, they won’t always have enough time to give your case the attention it deserves. Some defendants don’t even get to speak with their public defender until a few minutes before the trial begins. Inability to give your case a lot of attention can cause a public defender to miss key elements that could get you off the hook.
Private Criminal Defense Lawyers
You can find criminal defense lawyers in every town across the nation, and they come at different prices. The experience and expertise of a lawyer often reflect the price you can expect to pay. Having a skilled criminal defense lawyer on your side is a great way to boost your odds of success, and you need every advantage you can get.
Benefits
Since private lawyers charge more than public defenders, they don’t need to juggle tons of cases at once. They have much more time to devote to your case as a result and can find small details that might make a big difference. Also, when hiring a private criminal defense lawyer, you get to choose your lawyer and can look for those who specialize in the type of case you are facing.
Downsides
The only real downside to hiring your own lawyer is that you will need to pay for representation. Even if you can afford to do so, legal fees can add up and harm your financial goals if you are not careful. But you must remember that the long-term fallout of losing a criminal trial is much more costly.
Final Thoughts
Deciding if you should hire a lawyer or opt for a public defender is a hard choice, and only you can decide what path is right for you. Getting a public defender can save you money and allow you to get a decent plea bargain. On the other hand, public defenders won’t be able to give you much one-on-one time to review your case and options. Hiring a private criminal defense lawyer gives you access to a dedicated expert who will give your case the required attention for the best results possible.
How much do brooklyn criminal lawyers charge?
If you are facing criminal charges and want a criminal defense lawyer to represent your case, you are probably wondering how much you can expect to pay. Depending on your case, you could pay between $2,000 for a misdemeanor case and more than $10,000 for a complex felony case.
While some lawyers will make you pay for everything up front, others will let you make payments for their services. Take a look at the factors that impact the price you will pay to get a clear picture of what you should do next.
Factors Impacting Cost
In addition to the nature of your case, many other factors play a role in the amount you need to pay for legal support. A lawyer with decades of experience and a degree from a prestigious law school will charge much more than someone who is just getting started in the world of criminal law. You will also pay a bit more for lawyers who specialize in certain cases that require additional knowledge, such as cybercrime. If your lawyer needs to travel to attend court dates or interview witnesses, travel costs will show up on your bill.
Hourly Rates
Most criminal defense lawyers you find will charge an hourly rate for their services. The amount you will pay depends on how much work your case requires. Hourly lawyers will charge only for the time they dedicate to your case, which includes speaking with you on the phone and returning your emails.
You will find that hourly lawyers often bill in six- and 15-minute increments, and you must pay the minimum amount for each interaction. These lawyers usually send invoices each month for the duration of the case and give you a final bill when your case ends. If your case takes longer than expected to resolve, the fees can add up fast.
Flat-Fee Rates
If you want to know the exact amount you will spend on your criminal defense lawyer, look for ones who offer flat-fee billing. This billing method allows you to pay a single fee no matter how long it takes for your lawyer to resolve the case. The benefit of this approach is that you won’t need to pay additional fees if your case takes a little more time to finish.
Final Thoughts
You must keep several factors in mind if you would like to get a clear picture of how much your defense lawyer will charge. Getting an experienced lawyer will require you to pay a bit more, but you could get much better results. You will likely hire a lawyer that offers hourly billing and charges you for every minute spent on your case.
If you are willing to look for them, you can find those who offer flat-fee billing so that you won’t face any unpleasant surprises. Speak with your lawyer in advance and ask about all of the charges you need to pay. The lawyer you hire will impact your odds of reaching a favorable outcome, so you want to get the best one you can afford if you value your future.
How to expunge criminal records?
If I Refuse to Answer Officers’ Questions, Can That Be Used Against Me?
If the police question you about a suspected crime and you want to use your right to remain silent, you are likely wondering if they can use that against you if your case goes to trial. The answer is a little more complex than most people might think, but you will soon understand everything you need to know. If you invoke your Fifth Amendment right while the police ask questions, they can’t use your silence against you. It’s important, however, to explore the fine details so that you can protect your rights no matter the situation.
Salinas v. Texas
In 1992, police officers accused Genovevo Salinas of homicide and invited him to the police station for questioning. Salinas spoke with the police for about an hour before officers asked him about a shotgun, and Salinas then decided to remain silent. The prosecution later used his silence against him at trial, and a jury eventually convicted him of murder. Salinas made two mistakes that lead to his conviction; he spoke to the police for an hour before deciding to remain silent, and he did not verbally invoke his Fifth Amendment right.
How to Protect Yourself
Learning to protect yourself from police questioning is vital if you don’t want to find yourself on the wrong side of a criminal trial. As soon as the police approach you about a crime they suspect you have committed, tell them, “I invoke my Fifth Amendment right, and I want a lawyer.” That sentence can prevent the police from later using your silence against you to harm your credibility in front of a jury. If the police persist with their questions after you invoke your right, remain silent and wait for the interrogation to end.
Why the Police Question You
When the police question you, they believe you have likely committed a crime no matter what they say. If they did not think you violated the law, they would have no reason to approach you in the first place. They are looking for anything to use against you and to make their job much easier, and you don’t want to help them put you behind bars. Knowing your rights and how to use them can go a long way to safeguard your freedom and reputation. People can save themselves a lot of trouble by following this advice and understanding what rights they have during criminal investigations.
Should I ever admit I’m guilty to the police?
Overall, you shouldn’t admit that you’re guilty to the police if you are arrested and charged with committing a crime. Keep in mind that you have the right to remain silent and have the right to speak to an attorney before talking to the arresting officer or another member of law enforcement. Even if you were clearly committing a crime when you were stopped by an officer, you shouldn’t admit your guilt because the information can be used against you when you go to court.
If the police officer tells you that he only wants to talk to you and that you’re not a suspect, you should remain quiet. Unless you are in a situation where you know that you’re only providing information about someone else or about a case that the officer is investigating, you should not say anything. Even if you think that an officer can’t arrest you because you know nothing about the other people involved or because you weren’t there when the crime was committed, you would be wrong because an officer can arrest you if there is any kind of reasonable doubt that you are hiding information.
Sometimes, an officer might ask you to talk at the police station in a friendly situation where only a few questions are asked to get things clear about the case being investigated. This means that the officer believes you are a suspect or that there is a possibility that you’re a suspect. Even if you didn’t commit a crime, the officer likely believes that you had something to do with it and wants to see if you will open up about what happened. Unless you have an attorney with you, don’t talk to the officer about anything that you know or don’t know as some officers will try to word the questions they ask to make you say something that you don’t want to say.
An officer usually won’t want to talk to you unless there is a valid reason and the department has information that you might not even have. Someone might have said your name while talking to an officer or might have given information about you to an officer to try to frame you for a crime that you didn’t commit. If an officer presents information to you that is questionable, you shouldn’t say anything until you have an attorney with you who can discover the evidence presented and discover more information about the reasons behind the questioning.
What can a criminal defense attorney do for you?
If you’ve hired a criminal defense attorney or you need to hire one because you’ve been charged with a crime, you need to understand what the attorney can do for you in court and outside of the courtroom.
When you meet with an attorney, you will likely offer information about the crime committed or the reasons behind why you were charged with the crime. A criminal defense attorney can use the power of discovery to gather the evidence against you as recorded by law enforcement and other officials. Types of evidence that an attorney can discover include videotapes, documents, witness statements, and statements that are made in court. After gathering this information, the attorney can work to use it to develop a case in your defense to try to get your charges reduced or dropped so that you spend as little time as possible in jail.
An attorney can negotiate with prosecutors as well as other members of the court to come to a plea deal or another type of agreement if going through a trial isn’t in your best interest. However, if going to trial is the best thing for you because your attorney believes you have a strong case, then all of the details will be arranged in a manner so that they can be professionally presented in court.
When you’re looking for an attorney, find one who works in the county or city where you live. A local attorney will understand the court system and know the personalities of the judges and the prosecutors. This is beneficial for you because your attorney will be able to navigate what to do regarding going to court or handling a plea outside of court based on the people who will be present during the trial. The attorney you hire should also understand how the courtroom itself operates as different judges have their own rules as to how they handle cases and proceedings. If there is enough evidence to show that you didn’t commit the crime, then your attorney will be able to ask for a continuation to allow for more time to discover more information and put together the best defense. If there is evidence against you that clearly states that you committed the crime, then your attorney can ask for a continuation to work on a plan of action to keep you out of jail or to minimize the amount of time you spend in jail.
