What Should I Do if I’m Charged With a Crime?
One of the first things you should do immediately following being charged with a crime is to hire an experienced criminal attorney. You may not be familiar with your options, what your rights are, and, most importantly, what your options are for defense.
An experienced attorney can walk you through the process. They will learn every detail about the charges against you and work with you to form a strategy that will provide a reasonable outcome. A reasonable result may be a lesser charge or having the charges dismissed altogether. An experienced attorney will have a vast knowledge of what options best fit your situation based on the circumstances.
What Are Miranda Rights?
The Miranda warning requires that an officer or officers let you know your rights upon arrest before questioning you. The rights are as follows;
You have the right to remain silent-you have a legal right not to say anything or answer questions.
If you do say anything, it can be used against you-this means that anything that you say after being read your Miranda Rights can be used against you in a court of law and can be recorded to do so.
You have a right to have a lawyer present for questioning. Whether you are caught in the act or not, it can be invaluable to have a trusted attorney present to help you avoid further incriminating yourself. Your lawyer can be by your side to ensure that you aren’t providing further evidence without realizing it may be incriminating.
If you cannot afford a lawyer, one will be appointed for you-you can choose the option even if you can’t afford a lawyer. If one is appointed, they can guide you through the process.
What is the Exclusionary Rule?
The exclusionary rule makes evidence obtained unconstitutionally inadmissible as evidence against you. The exclusionary rule makes information obtained without a Miranda Warning given subject to suppression, meaning it can’t be brought up as evidence at trial. The exclusionary rule is in place to deter officers from abusing constitutional rights.
What is the Duress Defense?
The duress defense might be a possibility in your criminal case if you engaged in illegal activity that you otherwise wouldn’t have as a result of reasonable fear of imminent danger or death based on someone’s actions. Suppose a duress defense is an option for you. In that case, it is up to your legal team to present the facts proving that the criminal activity you engaged in was a direct result of someone else’s force or obvious threat of force and that you were not engaging in the criminal behavior due to reckless or careless intentions.
What is the Defense of Necessity?
Similar to a duress defense, a defense of necessity may occur when the accused acted out of necessity when committing the crimes they are accused of. In short, when a criminal act is committed but is the lesser of two evils of a crime, the defendant reasonably assumed would be the best option to avoid further harm or further criminal activity.
The burden of proof, much like with a duress defense, lies in the hands of your legal team. It must be proven that other reasonable people would’ve acted in the same way that you did given the circumstances, and that you chose your actions based on avoiding further criminal activity. It is essential to prove that no other adequate options were available, making the acts in question a viable choice to prevent additional illegal or dangerous activities.
You Owe it to Yourself to be Proactive
Criminal charges are not only inconvenient, but they can affect all aspects of your life, from your career to your reputation or your ability to be an active parent. You owe it to yourself to work with an experienced criminal attorney that can begin to work for you immediately after they are retained.
From investigations of the facts surrounding your case to providing evidence of your defense to represent you while you speak with officers or negotiate charges that may be brought against you, the time for a strong defense is now. Don’t sit back and hope that things will blow over and that it will be evident that you aren’t guilty. Take action to ensure that you are protected according to your rights and give yourself the best shot possible at returning to life as you knew it before the arrest.
Hire an Experienced Criminal Attorney
An experienced criminal attorney will work tirelessly to be your advocate when it may feel that no one else has your best interest at heart. That is what they are there to do, and they do it well. They will begin by gathering evidence to support your case and develop a winning strategy that ensures you have a strong defense. Let them be your fierce advocate and partner in going up against criminal charges; it’s what they are trained to do.
Contact our office today at (254) 523-4446 to begin the process. We will investigate by learning all the details surrounding your charges and help you to navigate this difficult time in your life. We have years of combined experience in helping to defend our clients, and we are confident that we can help you, too.