If you find yourself caught up in the criminal process, you need a lawyer. Here is why:
(1) The system is set up to ensure that you are only afforded the most fundamental of rights. That means no one will be looking out for your interests, not the judge, and definitely not the prosecutor. The judge is there to make sure that the law is complied with and to push his or her cases along. Meanwhile, the prosecutor uses his or her knowledge of the law to secure your conviction, generally, even if you are innocent of any wrongdoing. Without meaningful representation, you will be going up against a very powerful foe in the government alone in a system whose rules are stacked against you.
(2) Criminal procedure is complex. You may think you have the ability and smarts to navigate or simply put up with the system and its rules. But without the legal training, experience, and contacts that are the bread and butter of a criminal defense attorney, you will find yourself in a maze of procedural rules and statutes that while not decipherable to you will surely be so to the prosecutor.
(3) A conviction or even a criminal charge have the potential to be life-altering events in your life. With the ability to pull up one’s criminal record or personal background on a click of the mouse and society’s increasing intolerance toward crime, you will find it difficult if not impossible to accomplish some of the most important and fundamental tasks in life, like buying a house or applying for a job, if you have a criminal conviction on your record or even a criminal charge associated with your name.
(4) It has been said that there is no better deal than a criminal defense attorney. Why? Criminal defense attorneys, including myself, generally charge flat fees. That means you pay a pre-determined and set fee for all the work that I will be performing in your case, with certain exceptions like out of pocket costs and trial work. Civil attorneys, in contrast, generally bill by the hour. So that 15 minute phone conversation you just had with your attorney? Billed. That half-hour in-person meeting at your attorney’s office? Billed. As someone who finds him or herself on the wrong side for the law, you are already dealing with a stressful period of your life. Hiring an attorney shouldn’t add to that stress. Flat fees are meant to achieve that goal for you and the attorney.
Civil Rights
If you have been arrested and processed through the “criminal justice system” your civil rights may have been violated. It is true that when police officers conduct arrests and/or searches, they are often required to make split second judgments and cannot be expected to act as politely as they would have during, say, a casual encounter on the street. Even so, in carrying out their duties, the police and the city or locality that employs them must conform to certain standards that have their basis in the United States Constitution. That means they cannot subject you to “excessive force,” nor can they arrest or search you without probable cause. If you believe you have been the victim of police misconduct, you may have the right to monetary and in some cases injunctive relief (court order requiring that the police do or not do something). If you are considering pursuing a claim as a victim of police misconduct I encourage you to read this brochure (updated March 2010) by Ben Rosenfeld (PDF file) and this guide by the National Police Misconduct Statistics and Reporting Project. If you still feel like you have a viable case after doing so you should promptly contact an attorney who specializes in civil rights litigation for an initial consultation.
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ALBERT WAN, ATTORNEY AT LAW