A large percentage of defendants voluntarily admit their guilt in a criminal case and just want to get the whole process over quickly. Of course, most of these cases usually apply to fairly minor crimes such as driving under the influence, shoplifting, or possession of marijuana.
Several defendants are usually under the impression that it is not a big deal to plead guilty to a misdemeanor, so they don’t want to drag out the hearing. If you or your loved ones are facing a criminal charge for which the person involved is planning to admit guilt, you may be thinking if you actually need to hire a criminal defense lawyer even though you plan to plead guilty to the charges anyway.
What Does “Guilty” Means
The court distinguishes between “legal guilt” and “factual guilt.” The case of factual guilt (a question of whether or not you are truly guilty) is not discussed in a trial. Legal guilt is the one that is being discussed at the trial – this involves the prosecution providing enough evidence that proves the charges against the defendants.
One of the primary reasons why a criminal defense attorney won’t ask a defendant if he or she is actually guilty of the crime been accused of is because it is not relevant to the case. Moreover, it is not your attorney’s job to find out; rather, it is their job to put up a fair case and defend you.
You Need to Understand the Consequences of Pleading Guilty
When you deal directly with a prosecuting attorney, as a defendant, you are at a disadvantage because the prosecuting attorney does this every day, and they know how to convince you to take a plea agreement. Obviously, the prosecutor is going to make taking a plea deal sounds as if it’s not a big deal. Most times, they make you concentrate on the sentence been light and don’t include jail time. What the prosecutor won’t tell you is that the implication of a conviction may include:
- Inability to vote
- Loss of a driver’s license
- Inability to carry a firearm
- Interference with custody or visitation of minor
- Disqualification deportation for change of status
- Lost employment opportunities
- Disqualification for federal student loans
For several defendants, these non-judicial penalties are usually much worse than the actual sentence handed down by the judge.
Understand your Options
One of the primary reasons why it still makes sense to hire a criminal defense lawyer is to make sure you understand your options and the implication of pleading guilty and ensure you are making the right decision for you. The fact that you hire a criminal defense lawyer doesn’t mean you have to fight the charges against you. You will not be discouraged from pleading guilty by your lawyer if that is what you want, and it is in your best interest. Nonetheless, your lawyer is ethically bound to ensure you:
- Aware of the potential penalties you may face if you plead guilty
- Aware of the charges against you
- Ensure you are not forced to plead guilty, and it’s of your own free will
- Understand the weaknesses and/or strengths of the case against you.
Things to Look for When Hiring a Criminal Defense Attorney
Criminal defense lawyers handle a variety of criminal cases, some of which include drug charges, misdemeanors, white-collar crimes, fraud, felonies, and many other crimes. When looking for a criminal defense attorney, it is important you find the best one for your case. So, make sure you focus on the lawyer’s expertise, knowledge, and skill level. Good criminal lawyers gold coast QLD may help:
- Reduce the gravity of the punishment for the crime
- Reduce the charge (for instance, they can help reduce a felony to a misdemeanor)
- Create a strong defense strategy
- Eliminate or reduce hail time
In addition, due to the nature of your case, it is crucial that the lawyer you hire has the skill level required to defend the charges, and do most of the work himself or herself. For example, you may need a criminal defense lawyer that is familiar with scene investigations, comprehensive knowledge of polygraphs police/victim/witness interviewing, and more.
Questions to Ask a Criminal Defense Attorney
Before hiring a criminal defense attorney, you should feel comfortable discussing all areas of your criminal charge. Here are some of the questions you should ask.
- Do you have any experience handling a similar case?
- Have you litigated any jury trials? And how many?
- Are you going to handle most of my criminal case?
- Are you experienced with working out plea agreements?
- What are your fees, and how do you calculate it? What payment plan do you offer?
- Are you willing to provide references from previous clients you have helped with a similar case?
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