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Your Right to Legal Representation

If you have been charged with a crime, you have the right to be represented by an attorney throughout the legal process. This is true whether the case is resolved by a trial or is resolved through a plea deal before one begins. Let's take a look at what you should know about your rights after being taken into custody and what happens after that occurs.

Your Right to an Attorney

As soon as a police officer says that you are under arrest, you have no obligation to speak to that person. You should be notified that you have the right to an attorney while you are being cuffed. Once the request for an attorney is made, questioning must stop until he or she arrives. If questioning continues, anything that is said will generally be inadmissible in court.

Attorney-Client Privilege and Confidentiality

The majority of what you tell your attorney will remain confidential. The only information that must be disclosed is anything that you say about wanting to commit a crime in the future. In some cases, an attorney may also have to disclose to a judge that you want to hurt or kill yourself. Otherwise, whatever you tell your legal counsel remains strictly between yourself and that person. This allows you to open up about what happened without jeopardizing your ability to get a favorable outcome.

Public Defender Services

If you don't have the means to afford an attorney, you will be entitled to use a public defender. This person will work on your behalf to obtain an acquittal or a plea bargain, and there is no need to pay this person regardless of the outcome of your case. It should be noted that a court may ask you to prove that you cannot afford an attorney before providing one.

How a Brooklyn Criminal Lawyer Helps

Your legal counsel will create an argument that creates doubt as to your guilt. For instance, it is possible to cross-examine a witness in an effort to create holes in their story. It can also be possible to cast doubt on a police report or physical evidence used by the prosecution.

Expert Witnesses

In some cases, an expert witness will be hired by a lawyer to testify on your behalf. The expert witness has a background in interpreting certain types of evidence. For example, a ballistics expert can state that you likely didn't commit the crime because the bullet was fired from the wrong angle.

Motions to Suppress Evidence

Attorneys may also make motions to suppress evidence, which means that it can't be heard by a jury. Depending on the type of evidence that as suppressed, it could lead to a case being thrown out. It could also result in additional leverage for a favorable plea deal in your case.

Hiring a Brooklyn Criminal Defense Attorney