Getting arrested and accused of a crime is one of the more difficult experiences a person can go through. This is especially true if you are innocent of the crime you’re accused of committing. You will want the charges dismissed as soon as possible so you can put the entire incident behind you.
Do you need a criminal defense lawyer if you know you’re innocent? The answer is yes, for several important reasons.
First of all, you can’t expect charges to simply go away because you are innocent. Once the legal process has begun, there are steps to follow before your name can be cleared. A criminal defense attorney can guide you through each step of the legal process and protect your Constitutional rights after you are charged with any crime.
Procedures in a criminal case can be complicated, especially if you are innocent and have never been charged with a crime before. The best choice you can make after an arrest is to retain a criminal defense attorney as soon as possible.
How a Criminal Defense Lawyer Can Help You Fight Criminal Charges
If you stand charged with a crime in Fort Worth, Texas, you have the Constitutional right to an attorney. The Sixth Amendment of the U.S. Constitution guarantees a defendant this right to counsel – regardless of a defendant’s ability to afford an attorney. While the court might not appoint an attorney for a defendant until arraignment on a charge, you can hire your own criminal defense attorney at any point in time.
Of course, you also have a legal right to represent yourself in a criminal case. Representing yourself in a criminal defense case is not recommended, even if you think the case is simple and you can easily prove your innocence. Given the highly complex procedures involved, rules of evidence, and resources that the prosecutor has at their disposal, choosing to handle a case on your own puts you at a significant disadvantage. You could find yourself facing unexpected penalties, fines, and costs – even being convicted of a crime you believe you didn’t do.
Other reasons to hire a criminal defense attorney if you are innocent include:
- An attorney will understand the charges against you and how to defend the case;
- Attorneys understand your legal rights and protections at every stage of a criminal case;
- Criminal defense lawyers will collect evidence, review evidence submitted by the prosecution, and seek out other information that can support your claim of innocence;
- Your lawyer will fight to suppress any evidence that was wrongfully obtained or irrelevant to your case;
- An attorney can help you prepare for trial in the event that a plea agreement or dismissal is not entered in your case.
Hiring an experienced criminal defense lawyer is essential to protect your rights and navigate the complexities of the legal system, ensuring a positive outcome.
What Does a Criminal Defense Lawyer Do?
Your lawyer will first meet with you to discuss all facts of your case, the evidence involved, and the strengths or weaknesses of your defense strategy. A Fort Worth criminal defense lawyer will investigate the case and review all evidence available. Your lawyer will also hire expert witnesses when needed to support your defense theory.
A criminal defense lawyer will argue for you in court and file motions when needed to preserve justice. Pretrial motions in a criminal case can cover issues such as:
- Changing bond amounts
- Changing bond conditions
- Suppressing evidence when it was unconstitutionally obtained
- Identifying witnesses to testify on your behalf
- Objecting to witnesses or testimony used by the prosecution that will unfairly harm your case
- Dismissing the case altogether.
Having a criminal defense attorney at your side means that any problematic issues in your case can be identified and dealt with as soon as possible. Representing yourself, even in a case you think should be simple, puts you at risk of having an unfair trial.
Your lawyer will also handle plea negotiations and other issues with the prosecution while your case is pending. Many criminal cases are resolved through plea agreements and even dismissals without going to trial. Skilled criminal defense attorneys will explore alternatives to criminal punishment, such as counseling or treatment.
Handling a Jury Trial In Your Criminal Case
If your case is not dismissed or does not settle through plea negotiations, you have a constitutional right to a jury trial. Especially if you are innocent of the charges against you, a trial can give you the opportunity to show your side of the story. Remember, the prosecution must prove beyond a reasonable doubt that you are guilty of any crime you are charged with. You are not required to prove your innocence. In fact, you are not required to testify at trial at all.
A criminal trial in Texas includes the following steps, generally:
- Jury selection: Your lawyer will work to make sure that your jury is fair, open-minded, and unbiased. Jurors who could be biased or have other conflicts impairing their judgment can be removed from the jury panel.
- Opening statement: Attorneys for both sides will explain to the jury their theories of the case and what evidence will be used. Your lawyer will use this chance to set the framework for your defense.
- Presentation of the evidence: Your criminal defense lawyer can introduce witnesses and exhibits to defeat the prosecution’s claim that you are guilty beyond a reasonable doubt.
- Closing arguments: Your lawyer will summarize the evidence presented and make final arguments to the jury. A skilled criminal defense lawyer with trial experience will know how to use closing arguments to your advantage.
A Texas criminal trial will involve either 6 or 12 jurors, based on the crime you are charged with.
Contact a Fort Worth Criminal Defense Attorney For a Free Consultation
If you’ve been wrongfully accused of a crime, it’s crucial to hire an experienced criminal defense lawyer, even if you’re innocent. Representing yourself can lead to serious risks and complications, especially when your freedom is at stake. At Cofer Luster Criminal Defense Lawyers, a skilled Fort Worth criminal defense attorney will protect your rights, guide you through the legal process, and help clear your name. Don’t navigate this challenging situation alone—reach out to a criminal defense lawyer today at (682) 777-3336 for a free consultation and take the first step toward resolving your case.
