A criminal defense lawyer is someone you want on your side when faced with misdemeanor charges or felonies. They specialize in court cases to back up and prove the defendant is innocent of all charges. The prosecutor, usually the state’s attorney, DA, or Assistant DA, will prove the defendant’s guilt. By contacting an Orlando criminal defense lawyer, they can gather all the information to build the perfect case. Listed below are the examples of cases a defense attorney will take on.
- Victims’ Rights
- Self-Defense or Stand-Your-Ground Law
- Expungement of Records Sealing
- Criminal Appeals
- Obstruction of Justice
- Mugshot Removal
- Burglary and Trespassing
- Drug Possession
- Domestic Violence
- Defense Lawyer for UCF Student
- Assault and Battery
Sometimes we find ourselves in a situation where we may be at the wrong place at the wrong time. When these situations occur, we may look like the guilty party. It takes an attorney with experience and knowledge to fight back and prove your innocence.
Why Do You Need A Defense Attorney?
Whether it is a public defender paid for by the state or your personal attorney, you need legal representation. Inside the courtrooms, the prosecuting attorney will tear the actual events apart and leave the defendant standing alone in the courtroom. The same legal standpoint not only must be matched against the prosecuting attorney but must surpass the state’s attorney. It must go beyond the evidence and search for the other side of the story. You may be able to tell your side of the story, but not the way a criminal defense lawyer can do it.
When the defendant is booked at the moment of arrest, they have the right to their attorney. There are laws the attorney knows about that the defendant does not know. There are cases where the Fourth, Fifth, and Sixth Amendments may have been violated during the arrest. The Fourth Amendment is against unlawful seizures and or searches. The Fifth Amendment is where the defendant has the right to remain silent. Too many times, this Amendment is botched in the interrogation room. This is why they say to stay quiet and speak only to your attorney. The Sixth Amendment is the defendant must know and have full knowledge and understanding of why they have been incarcerated. It has to do with the right to a fair trial. The state’s failure to follow the proper procedures is usually where the criminal defense attorney can win the case and get all charges dropped.
Misdemeanors Vs. Felonies
Within a criminal case, the prosecutors will push a criminal case to the extent of punishment by law. Misdemeanors are lesser of the crimes where the crime is punishable for up to a year in prison or extensive fines. Felonies are where the defendant may have committed a homicide, self-defense case, or grand theft. There are so many instances where the defendant is guilty, and they cannot prove innocence. In these situations, if the crime is a felony, the criminal defense lawyer may push to have the case moved to a misdemeanor charge at the time of the trial or a later date. This usually happens when the criminal is a one-time offender. The judge and jury will consider it.
Felonies are serious charges. Some have sentences from 25 years to life in prison. In some states where a homicide was committed, the death penalty may be considered. It is up to the criminal defense attorney to do the following:
- Interview eyewitnesses and open an investigation into the case.
- Research statutes, case law, procedural law, and the crime codes for any similar cases to the defendant.
- Create a case strategy and build the defense.
- Negotiations with the prosecuting attorney for lesser charges or a plea bargain.
- Draft, file, and fight for motions either lessened or dropped.
- Speak on behalf of the defendant when the trial comes up.
Once the process begins, everything is laid out on the table in the courtroom, and after the first part of the trial, the defense attorney will have a better idea of what to do next.
In criminal cases, these are among the trickiest. Everyone has a right to defend themselves. This law was created so innocent people can use force, including deadly force, when threatened. Most times, the innocent person may be picked up by the police and taken in for questioning. This is when a defense attorney should be present.
No one wants to take another life, but there comes a time when it is you or them. Sometimes the defendant may find themselves defending another loved one or a child. The Stand-Your-Ground Law covers these cases too. But how do you prove it? That is where the criminal defense lawyer is legally trained to handle the situation. They will speak with eyewitnesses, if any, get the whole story, reenact the scene to get a better understanding. Then they will follow through with the evidence at the scene to conclude if it was a Stand-Your-Ground case or not. This case is an example, but the criminal defense attorneys respond in the same manner for every case.
What Do You Do If You Are Incarcerated?
If you are arrested, especially for something you did not do, do not fight back. Exercise your right to remain silent and speak only to your attorney. You have one phone call. Use it wisely. Some call their attorney right away, while others may call a loved one to have them contact their attorney. Remaining calm is the first thing to remember and keep your composure. Fighting back may only get you in more trouble with “Resisting Arrest.” This adds to the attorney’s work, and it does not look good on your part.
Compliance may get you off the hook, especially if you are innocent, or it may be your first offense. The judge and the jury will consider all these things. Just remain silent, contact your attorney or loved one to do it for you, follow the attorney’s instructions, and do not panic.
Following instructions or not can make or break your case. The attorney will run through a procedure to lessen the charges or get the charges dropped. In all situations, it is best to be 100 percent honest at all times. Tell your story and be brief and to the point. A courtroom does not want to hear a sob story; they want the truth. If it is required a lie detector test is needed, the attorney will advise it. The bottom line, do whatever they tell you.