Very few people plan to need a defense attorney. Most crimes are the result of impulsive decisions with little forethought. Of course, if you are a suspect who did not commit the crime, you have no reason to think you will be suspected or will eventually need a defense lawyer.
As a result, many people are under pressure when they choose a defense attorney. You need someone to represent you. Ideally, you find a lawyer before ever undergoing interrogation since defense attorneys can protect your rights in an interrogation. While you may be entitled to a court-appointed lawyer, that only occurs after you get charged with an offense. Having an attorney before that happens can help you avoid charges, especially in instances of innocence.
Learning you are the suspect in a crime or facing criminal charges can be terrifying. A Chicago criminal defense lawyer can help you navigate the legal system and stand up for your rights.
One of the most essential rights for criminal defendants is the right to remain silent. While few countries compel suspects to speak to the police, they may use silence as evidence of guilt. In the United States, a defendant’s unwillingness to speak to the police cannot be used against them in court.
A Chicago criminal defense attorney will encourage all suspects to use the right to remain silent. Before speaking to the police about a criminal matter, a person should speak to a lawyer about their rights. Even if a person only thinks they are a witness to a crime, they may actually be a suspect. Consulting with legal counsel before speaking to the police can help a person understand the potential ramifications of talking to the police.
Often, an attorney will encourage their client to speak to the police but will control the direction of the conversation. Police officers are trained in interrogation techniques that will lead to confessions. Sometimes, these are false confessions—many innocent people are in prison because of these false confessions. A lawyer’s presence can help curtail these coercive methods.
The right to remain silent benefits not just the innocent, but also the guilty. The police may lie to defendants about the type of evidence they have. A skilled attorney can challenge assertions of proof and prevent clients from making incriminating statements.
One of the most critical functions of a criminal defense lawyer in Chicago is to secure pretrial release for their clients. Individuals who are incarcerated before trial have a hard time meaningfully participating in their defense. If released, they can meet more freely with their attorney and develop evidence to help challenge their guilt.
Additionally, pretrial release is less disruptive to a person’s life. For most people, pretrial incarceration will lead to job loss, financial destruction, disruption to their family life, and more. If the charged crime is minor, the pretrial detention period may even exceed any sentence they will receive. A lawyer who works hard to get their client released before trial can help them avoid some of these negative consequences.
Most people realize they need a lawyer after being charged with a crime. In reality, you need a defense attorney as soon as you realize you may be a suspect in a crime. If you are in a group that is often blamed for crimes—such as the spouse of a murdered person or a member of a minority group—it may be in your best interest to retain legal representation before any contact with the police.
A Chicago criminal defense lawyer at Price Benowitz can help you, regardless of where you are in the criminal justice process. Our attorneys could help you avoid charges by working with the police as soon as you become a suspect. They may be able to secure pretrial release. If you are guilty of the crime and the state has sufficient evidence to prove its allegations, our lawyers may be able to negotiate a lower sentence or arrange for pretrial diversions.
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