Do I need a criminal defense lawyer?
You need a criminal defense lawyer if you have been contacted by the police as a suspect in a crime. Do not wait to be arrested before calling a criminal defense lawyer!
Why do I need a criminal defense lawyer if I didn’t do anything wrong?
Even if you didn’t do anything wrong, that doesn’t mean you don’t need a criminal defense lawyer. Innocent people are charged with crimes every single day. Just because you are innocent does not mean the police won’t accuse you of a crime!
Will you wrongfully be accused of murder? Maybe not. But as someone who has practiced criminal defense for over a decade, I have seen people wrongly accused of crimes like shoplifting, DWI, and domestic violence. Do not take your chances by speaking to the police!
Am I entitled to a criminal defense lawyer before I am arrested?
Yes and no. You are not entitled to a criminal defense lawyer until you are placed in “custody.” Custody is not always formal arrest. And while your state’s constitution may provide greater protection than the federal constitutions, under federal law custody is determined by asking whether there is a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.
Will the police provide me with a lawyer if I am entitled to one?
No. The police have the duty to inform you of the right to a criminal defense lawyer when you are in custody, but that does not you get one then. Once you clearly and unambiguously ask for a lawyer, the police must cease all questioning and cannot question you further unless you have been provided with counsel or you re-initiate questioning.
If the police contact me, what do I do?
If the police contact you, you need a criminal defense attorney. You are not entitled to a public defender until you are formally charged.
If you can afford to hire your own attorney, great. Check out my 10 Tips On How To Choose A Criminal Defense Lawyer.
If you cannot afford to hire your own attorney, look up your local public defender agency and see if they can provide you with some free advice. If there is not a local public defender agency in your area, see if you can find a private criminal defense lawyer may offer you some free legal advice on what to do next. Most attorneys will provide a free phone consultation.
Is there any harm in going in for questioning just to see what the police have on me?
Yes! The police are not there to give you information, they are there to get information from you. Information that will later be used against you if you are charged with a crime.
I am a witness to or the victim of a crime, why would I need a criminal defense lawyer?
Believe it or not, witness to crimes and victims of crimes sometimes need criminal defense lawyers. There are many questions that victims may have that need to be answered by an independent attorney, looking out for you.
For example, what if you don’t want anything to do with the prosecution? Can you be forced to testify? Do you have any potential criminal liability for what happened? Could the tables suddenly be turned at you? These are not questions the police or prosecution can answer for you. You need independent counsel.
