Understanding Your Rights: What To Expect When Consulting a Defense Lawyer
A defense lawyer specializes in helping people charged with serious crimes. The defense lawyer works for the accused person, not for the police. The lawyer is there to uphold the legal rights of the person, as part of due process in any criminal proceeding. A defense lawyer is a person for the accused to speak to, to explain what happened, and present any mitigating circumstances.
Criminal arrest
A criminal offense usually means the police coming to arrest the suspect. An arrested person has certain rights, including the right to a defense lawyer. If they cannot afford one, the state is obliged to provide one. While under arrest, a person’s rights include:
- The right to a lawyer
- The right to remain silent
- The right to know the charges against them
- The right to a phone call
- The right to be released after 24 hours if no criminal charges are made
- Basic rights to food, water, and sleep while in police custody
- Safety from assault, violence, and coercion while in custody
The police have legal powers to use force in making an arrest. However, once the suspect is in custody, a duty of care exists to protect the person. Part of a defense lawyer’s job is to ensure that their client is not subject to further violence in custody. The Missouri lawyer is present during police interviews to ensure that the suspect is not coerced while being questioned.
Right to an attorney
A suspect has the right to have a defense lawyer present while being interviewed by the police. The police will often begin with the heaviest charges they can apply. A defense lawyer’s job includes arguing the charges down to less serious offenses. If possible, the defense lawyer will get the charges reduced or dismissed entirely. If they cannot get the charges dropped, they will arrange bail to get the suspect released. Without this help, the suspect may find themselves held in jail until their trial date.
What a defense lawyer can do
A defense lawyer will consult with the client before trial. Then, this Missouri lawyer will attend with them on the day in court. They will do most of the talking to the judge, with the exception of direct questions on the witness stand. From the initial arrest to final sentencing, the Missouri lawyer will argue for reduced charges and lighter penalties.
Find a defense lawyer to help you
Having the right defense lawyer representing you can mean the difference between walking free versus serving jail time. A suspect is innocent until proven guilty, and an attorney is there to protect their rights. Having a lawyer is part of due process, a basic legal right of every person in police custody. Anyone facing criminal charges of any kind needs the help of a defense lawyer.
Call us at (417) 865-2181 for more information from Dean Price Law or to schedule a consultation in our office in Springfield. NOTE: This is for informational purposes only and does not constitute legal advice.
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