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What is a Criminal Defense Attorney?

If you’re facing criminal charges, the first thing you might ask yourself is, what is a criminal defense lawyer? This question is valid, especially if you’ve never dealt with the criminal justice system.

A criminal defense attorney works to defend people accused of breaking the law. Their job is to protect their client’s rights and achieve the best possible outcome for their case.

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What Happens If Your Case Goes to Trial?

If your case reaches trial, a criminal defense lawyer becomes your advocate in the courtroom. They will present arguments to the judge and jury, cross-examine witnesses, and challenge the evidence presented by the prosecution. The goal is to create reasonable doubt in the jury’s minds, which could result in a not-guilty verdict.

Even if your case doesn’t go to trial, your lawyer will work behind the scenes to negotiate plea deals or lighter sentences. These discussions often happen during pretrial negotiations with the prosecutor.

When should you hire a criminal defense lawyer?

Hiring a criminal defense lawyer as soon as possible is always a good idea. The earlier they can start working on your case, the better. This allows them to investigate the situation, gather evidence, and develop a defense strategy before prosecutors gain too much ground.

For instance, in charges like DUI or drug possession, there might be time-sensitive evidence such as footage from police dashcams or security cameras. A lawyer can ensure that this evidence is preserved for use in your case.

Can they help before charges are filed?

Absolutely. If you’re being investigated but haven’t been charged yet, a lawyer can step in to protect your interests. They can communicate with law enforcement or prosecutors on your behalf, ensuring you don’t inadvertently incriminate yourself.

Many unknowingly make their situation worse by talking to investigators without legal representation.

What types of cases do criminal defense lawyers handle?

Criminal defense lawyers handle many cases, from minor misdemeanors to serious felonies.

Here are some common examples:

• Homicide or murder: Defending against charges where someone has lost their life.
• Sexual assault: Representing clients accused of unwanted sexual contact or behavior.
• Federal crimes: Handling complex cases like fraud, embezzlement, or drug trafficking.
• DUIs: Fighting charges involving drunk or impaired driving.
• Expungement: Helping clients clear their criminal records.

No matter the charge, a defense lawyer’s job is to look out for your best interests.

Can they take cases in both state and federal court?

Yes, some criminal defense lawyers are licensed to practice in both state and federal courts. Federal cases are often more complicated, dealing with crimes like wire fraud, drug trafficking across state lines, or large-scale money laundering.

Hiring a lawyer with federal experience is important if your case involves federal charges.

How does a criminal defense lawyer prepare your case?

Preparing a defense involves a thorough investigation by your lawyer and their team.

This can include:

• Interviewing witnesses who might have helpful information about your case.
• Reviewing police reports and evidence collected by the prosecution.
• Working with private investigators or forensic experts to challenge the prosecution’s evidence.

For instance, in a DUI case, a lawyer might look at how field sobriety tests were conducted or whether the breathalyzer machine was calibrated correctly.

Do they help with plea negotiations?

Yes, negotiating a plea deal is a big part of what a criminal defense lawyer does. Sometimes, going to trial isn’t in your best interest, especially if the evidence against you is strong.

A plea deal might reduce your charges or lead to a lighter sentence. Your lawyer will weigh the pros and cons of accepting a deal and guide you.

How do you choose the right criminal defense lawyer?

Hiring a local lawyer is highly beneficial. Laws often vary between states and counties, so someone familiar with the Los Angeles legal system will bring valuable knowledge to your case.

Local lawyers also know how specific judges and prosecutors tend to handle cases, which can help craft a more informed defense strategy.

For example, understanding how Los Angeles courts handle minor drug offenses compared to violent crimes is something a local lawyer would know.

How can you evaluate their track record?

One way to assess a lawyer is by looking at past cases they’ve handled. Ask how many similar cases they’ve taken and the outcomes. If you’re facing a felony charge, you’ll want someone who has extensive courtroom experience and has achieved favorable results in similar circumstances.

What should you expect during the process?

A good defense lawyer will keep you informed every step of the way. They should explain your options clearly, provide updates about your case, and answer any questions you have. You should feel comfortable asking questions and voicing concerns throughout the process.

What Happens at Your First Meeting?

During your initial consultation, the lawyer will ask you about the details of your arrest and any evidence already presented by the prosecutor. This is your chance to share everything you know about your case, so don’t hide any information, even if you think it’s minor.

The more they know, the better they can defend you. They will also outline potential outcomes and explain their steps to protect you moving forward.

Will You Always Go to Trial?

Not every case ends up in a trial. Many are resolved through dismissals, plea bargains, or other pretrial agreements. Your lawyer will advise whether it’s better to negotiate with the prosecutor or take your case to court.

For instance, a first-time DUI offense might be resolved with a plea deal for reduced fines and penalties, avoiding a lengthy court process.

Can Evidence Be Challenged?

Yes, your lawyer will look for ways to invalidate or weaken the prosecution’s evidence. This might involve questioning the accuracy of lab results, the reliability of witnesses, or the legality of police conduct.

For example, if a search of your home was conducted without a proper warrant, evidence obtained through that search could be ruled inadmissible.

How Can They Use Witnesses to Help Your Case?

Witnesses play an essential part in building a defense. A lawyer might call on character witnesses to testify about your good reputation or expert witnesses to challenge technical aspects of the prosecution’s case, such as DNA results or surveillance footage.

What Happens If You’re Convicted?

Even if you’re convicted, a criminal defense lawyer can still help. They may pursue options like filing an appeal, which challenges errors made during the trial.

Appeals are common in cases where the defendant believes they were treated unfairly or evidence was mishandled.

Can They Help with Expungements?

Yes, many lawyers assist with clearing criminal records after sentencing. An expungement can seal your record, making it easier to secure jobs, housing, and other opportunities in the future.

Can a Criminal Defense Lawyer Help You Avoid a Permanent Record?

Facing criminal charges can feel overwhelming, especially when you think about how a conviction might follow you for the rest of your life. A permanent record can impact your ability to find work, secure housing, or qualify for certain loans.

However, a criminal defense lawyer can explore ways to minimize these long-term consequences and sometimes work to keep a conviction off your record entirely.

What Are Diversion Programs?

Diversion programs are an option courts sometimes offer to people facing certain types of charges. These programs give you the chance to fulfill specific requirements in exchange for having charges dismissed or reduced.

A lawyer can help determine your eligibility and negotiate for this option. For example, suppose you’re charged with a non-violent offense like drug possession or shoplifting.

In that case, you might qualify for a program where you agree to complete community service, undergo counseling, or attend educational classes. Once you meet the program’s terms, the court may dismiss your charges, leaving you no criminal conviction.

Can Plea Negotiations Help Protect Your Record?

Plea negotiations are another way to avoid a permanent mark on your record, potentially. A lawyer can work to convince prosecutors to reduce their charges to a lesser offense or agree to alternative penalties.

For instance, instead of accepting a conviction for a DUI, your lawyer might negotiate for reckless driving, which carries less severe consequences. This can make a huge difference when applying for jobs or loans.

These negotiations require skilled communication from your attorney to balance your needs and the prosecutor’s demands.

What About Deferred Sentencing?

Deferred sentencing is an approach that pauses formal sentencing, giving you time to meet specific conditions set by the court. If you comply with these conditions, the charges might be dismissed or significantly altered.

For example, the court might allow deferred sentencing if you’re charged with a first-time misdemeanor. During the deferral period, you must demonstrate good behavior, such as not committing any new offenses or finishing treatment programs.

If you meet these expectations, you may avoid a conviction entirely.

How Does Expungement Work?

If a conviction is already on record, there’s still hope for removing it through expungement. This legal process involves petitioning the court to seal or erase your conviction record, making it inaccessible in most background checks.

California law allows for expungements in specific cases, such as for those who completed probation successfully or were convicted of certain misdemeanors. A lawyer can guide you through the process, ensuring all paperwork is filed correctly and advocating for your case in court.

This can give you a fresh start and restore opportunities you might have lost due to your record.

Are Some Cases More Likely to Qualify for These Options?

Yes, eligibility for these strategies often depends on the nature of the charges and your criminal history. Non-violent offenses, first-time charges, or crimes committed as a minor are more likely to qualify.

Your lawyer will review the details of your case to identify the options available to you and fight for the best possible outcome.

Why Is Avoiding a Permanent Record Important?

Having a clean record can open more doors for you in the future. It’s not just about avoiding legal consequences now; it’s about protecting your quality of life going forward.

Whether it’s preventing a conviction, expunging a past mistake, or negotiating for an outcome that keeps your record clear, a criminal defense lawyer can make a big difference in helping you move on from this chapter.

If you’re worried about long-term consequences from criminal charges, speak to an attorney as soon as possible. They can explain your options and help you work toward an outcome that doesn’t leave a lasting mark on your future.

Why Is Having a Lawyer Mandatory?

A criminal defense lawyer provides more than just advocacy; they are your guide through a complex legal system that can feel intimidating. Not having representation can lead to accepting unfair outcomes or, worse, being convicted when you might have had a chance to beat the charges.

If you’re facing charges in Los Angeles or the surrounding areas, contact Rodriguez Law Group. Our team is dedicated to protecting your rights and securing the best possible outcome for your case. Call us today at (213) 995-6767 to discuss your situation in a free consultation.

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