Monday, December 20, 2010

Do I Need a Criminal Defense Lawyer If I Know I Am Innocent? By Frank G Sabo

Although our law enforcement system is founded on identifying and accusing those guilty of crimes, innocent people can sometimes find themselves facing criminal charges. Unfortunately, if you're accused of a crime, you'll most likely need to follow the same steps to protect yourself, whether you committed the crime or not.
If you're accused by law enforcement of criminal behavior, you should seriously consider hiring an experienced criminal defense lawyer who can represent you when speaking to police or the prosecutor before charges are filed. Your attorney may be able to quickly clear up misunderstandings or misperceptions. After charges are filed, it's always more difficult to convince authorities that you didn't commit the alleged crime and criminal proceedings will proceed.
Even if you're innocent and want to clear things up immediately, it's not a good idea to try to plead your case with the police on your own. What you tell them may put you in a more serious position than where you started.
In the event that you've been accused of committing a crime, here are a few steps you should take to protect yourself-whether you're guilty or innocent:
• Don't argue or physically resist an officer of the law if he tries to arrest you, even if you're innocent. If the arrest is legal, resisting will just bring additional charges against you, if the arrest isn't appropriate, you'll be able to file charges at a later time.
• Don't resist an officer's search; if the arrest is legal, the officer has a right to search you.
• If an officer identifies himself and asks to speak with you regarding a crime, you don't need to provide much more information than your name, address and a brief explanation of your actions.
• If an officer believes he has the appropriate cause to seek a warrant, you may be placed under arrest. Warrants aren't required by the arresting officer if he believes that a warrant is outstanding in another state, he sees you commit a crime, or he has strong reason to believe that you did commit the crime in question.
• If you are arrested, you should be advised of your rights including the right to remain silent. You are not obligated to answer questions during an officer interrogation or sign any documents without the presence of your attorney. If you didn't commit the crime, it's especially important to take care with what you say.
• You should contact a criminal defense attorney when given your opportunity to make telephone calls. If you can't afford an attorney, one will be appointed to you by the state. Talk to your attorney about what you should expect and how to protect your innocence.
• Make sure you're told why you've been arrested, what the charges are and when you'll be "booked."
• Get a receipt that lists all of the personal items that were taken from you when you entered custody.
Being accused of a crime is serious business-even if you didn't commit the crime and are a victim of unfortunate circumstances. Protect your rights and avoid making the situation worse by being unfamiliar with the law.