If you are facing criminal charges, you might be wondering whether to hire a criminal defense lawyer in Loveland. Is this really necessary? Can't you simply defend yourself in court? If you did not do anything wrong, then do you even have anything to worry about? Many defendants are not aware of what a defense attorney actually does and why these legal professionals are so helpful. Even if you are completely innocent, it is still possible to face legal consequences. Here is how a criminal defense lawyer can help you: 

The Sixth Amendment and Your Right to a Defense Attorney

First, you should know that the Sixth Amendment of the United States Constitution guarantees you the right to an attorney. During your arrest, you may have heard a police officer explaining this right to you. Specifically, they are required to tell you that “you have the right to an attorney” and “if you cannot afford an attorney, one will be provided to you.” 

In other words, you can choose whether to hire a “private defense attorney” or rely on a court-appointed “public defender.” You do not need to pay for a public defender, and at first glance, it might make sense to go with this free option rather than a private defense attorney. 

However, it is important to understand the potential benefits of a private defense attorney. Unlike a public defender, a private attorney relies on their past results for success. If they have a track record of victories, they are more likely to attract future clients. If they continuously fail to provide positive results for their clients, they risk losing future business. 

A public defender does not need to worry about delivering results. Instead, their employment is effectively guaranteed – and they are an employee of the government. As a result, a private defender may have a stronger incentive to help you avoid criminal consequences. In contrast, a public defender may be more inclined to take the “easy route,” convincing you to accept a plea deal. This involves pleading guilty and hoping for leniency from the prosecution. Often, public defenders and prosecutors have close working relationships. 

Protecting Your Right to Remain  Silent

During an arrest, you may have also heard an arresting officer say that you have the “right to remain silent.” This is another important right, and it falls under the Fifth Amendment of the United States Constitution. Thanks to this protection, your silence cannot be interpreted as a sign of guilt. If prosecutors even try to suggest that your refusal to speak with officers implies guilt, they will be severely reprimanded by judges. 

A defense attorney can help protect your right to remain silent. If you feel as though you are being pressured to provide police officers with information, you can clearly state that you wish to exercise your right to remain silent. If police continue to attempt to question you, this represents a constitutional violation. You can tell officers that you do not wish to answer any questions without the presence of your attorney. 

Having an attorney by your side during police interviews can be extremely helpful. These legal professionals can carefully monitor the nature of police questions, and they may tell you not to answer certain queries. This could potentially prevent you from accidentally incriminating yourself with certain statements.

Can't I Represent Myself During a Criminal Trial?

Technically, there is no law against representing yourself during a criminal trial. In reality, very few people actually attempt to do this. The legal system is extremely complex, and you may be unaware of how to navigate it without assistance. Remember, judges and court officials are under no obligation to educate you or guide you. If you make a mistake or say the wrong thing during your trial, you could face serious consequences – even if you do not understand why those consequences occurred. 

Criminal Defense Attorneys Can Help You Gather Evidence

As a defendant, you are under no obligation to present evidence of your innocence. Instead, the burden of proof always lies with the accuser. If the prosecutors cannot prove your guilt “beyond reasonable doubt,” the jury should never convict you – and you should be able to walk free. As a result, you could theoretically avoid criminal charges while presenting no evidence whatsoever to the court. 

In reality, it often helps to present evidence when fighting criminal charges in court. One example is an alibi, which is evidence that you were not at the place of the alleged crime when it occurred. You might also point to video surveillance footage, phone records, and all kinds of other evidence. 

Criminal Defense Attorneys Can Help With Witnesses

Aside from documentary evidence, criminal defense attorneys can also help you address various issues related to witness testimony. In many criminal cases, prosecutors will call upon witnesses to testify against you. These might be medical experts, police officers, eyewitnesses, character witnesses, and many others. 

After the prosecutor questions their witness, your defense attorney will have an opportunity to “cross-examine” them. The most experienced defense lawyers can use this opportunity to expose inconsistencies, errors, biases, and many other issues in the testimony.

A defense attorney can also help you call upon your own witnesses. These might also include experts, eyewitnesses, and character witnesses. Character witnesses can testify about your personality, and they may help the jury understand that you are not the type of person to commit crimes. You can also testify in your own defense, although many legal professionals consider this a risky move. Remember, your silence cannot be interpreted as a sign of guilt. 

Contact Casey James Alexander Today

If you are facing criminal charges, it always makes sense to at least speak with a criminal defense lawyer in Colorado. During a consultation with one of these legal professionals, you can explain your unique situation and learn more about potential defense strategies. While online articles may outline the broad benefits of a defense attorney, the most effective defense strategies target your unique circumstances and needs. To receive this type of targeted legal guidance, book a consultation with Casey James Alexander today.