Legal services exist for all types of criminal legal problems. Services are available whether you need free or low-cost representation or a criminal defense attorney.
This article offers some guidelines on where you can begin looking for legal aid providers and what to bring to your first meeting with your attorney.
If you're hit with criminal charges, you need legal help right away. If this is your first criminal case, you're probably overwhelmed by the experience and unsure what your first steps should be. Where can you find legal help? What type of legal assistance do you need?
Anyone facing criminal charges must have legal representation. Criminal law is more complicated than civil court. Your freedom is at stake, not your money. Failing in criminal court means you could spend years in prison. You have the right to defend yourself, but nobody should ever represent themselves in a criminal matter.
Many places offer low-cost/no-cost legal resources for those who qualify for services. Some places you can look for free legal help include:
The U.S. Constitution guarantees criminal defendants an attorney if they cannot obtain one. How do you get a court-appointed attorney?
The U.S. court case Gideon v. Wainwright established criminal defendants' right to a public defender if they couldn't afford their own attorney. Not everyone charged with a serious crime can receive a court-appointed attorney. Before you can have a court-appointed attorney, you must do several things:
For felonies and most misdemeanors, you have an automatic right of appeal, known as a first appeal. Your right to an attorney extends through this first appeal. Defendants must pay for later appeals, called discretionary appeals.
Whether you hire an attorney or have one appointed, there are some things you need your attorney to do. A good attorney always has your best interests in mind, but you should ask questions whenever you're unsure about anything. After all, it's your case.
The majority of criminal cases never go to trial. Most of the time, defendants are either released on probation or the defendant takes a plea bargain for a lesser charge. Your attorney and the prosecutor work out a plea bargain before trial. Your attorney must review all the pros and cons of a plea deal with you before you agree to it. Be sure it includes:
The prosecution makes its case against you with evidence. For instance, in a simple traffic case, the evidence is the state trooper's radar reading that you were driving 15 miles per hour over the posted speed limit.
Your defense attorney must know how to counter or discredit that information. This may mean finding evidence that shows the prosecution's evidence is wrong or finding information that shows you had a reason for your actions.
Some of the prosecution's evidence comes from witness statements and expert testimony. For instance, in your traffic case, the state trooper must testify that they clocked you at 15 miles per hour over the speed limit. Your attorney can question witnesses, cast doubt on their testimony, and present witnesses on your behalf.
After your arrest, you must go before the judge within 72 hours (48 in some jurisdictions) for an arraignment and bond hearing. At your arraignment, the judge reads the charges against you, asks if you want an attorney, and usually sets bail. The judge may release you on your own recognizance, meaning you're released without bond until the trial.
Depending on the state or county, you may have a public defender at the arraignment to argue your bond amount, or you may need to find an attorney before your arraignment. Every state, and sometimes every county, has different rules for the order of a post-arrest process.
After the arraignment, you need to speak to an attorney. Your attorney will need documents and other information about your case. Sometimes, the prosecutor will send this information to your defense attorney, but sometimes, you need to sign releases for your attorney to obtain it. In other cases, you may have to give items to your attorney.
Depending on the nature of the case, your attorney may need:
Your attorney may ask for the names of witnesses and friends who can corroborate your story or provide a character witness. Anything you can give an attorney to help bolster your case may help.
Sometimes, it seems like courts forget about the victims of crimes in the rush to arrest and convict criminals. Defendants have their rights protected, but who looks out for victims? Do victims have rights in court?
In some courts, such as family law and domestic violence cases, victims may need to testify against the person who harmed them. In these courts, victim advocacy groups may provide legal support for victims in hearings and trials.
However, crime victims do not have a right to legal representation in criminal court. Victims may want help with legal issues arising from court cases, but they must find their own attorneys. Legal clinics for low-income people in these situations are available statewide and through victim advocacy programs.
When you need legal advice, you need it immediately. You need someone in your area who knows your state laws and local courts. FindLaw's attorney directory can point you to a criminal defense attorney who can protect your civil rights and give you the help you need.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Experienced Federal And State Attorneys Who Achieve The Best Possible Outcome For Every Case! Call Palmer Legal Defense Today!
Virtual Appointments
