What Does a Criminal Defense Attorney Do?

by | Feb 25, 2019 | legal

Whatever the severity of the crime or offense you are accused of, you need to hire a criminal defense attorney. An experienced criminal defense attorney can mitigate the punishment you may receive and in some cases get your charges dropped. An offender is presumed innocent unless proven guilty. If your lawyer thinks the evidence against you is insufficient or flimsy, he or she can get charges against you dropped. Your lawyer will guide you against making incorrect statements that might work against you. The Criminal Defense Attorney will make you aware of your rights and legal status. Law enforcement officers may misguide you or be negligent in telling you your rights as they are not duty-bound to give you the advice. The sooner you hire a lawyer, he or she will act in your best interests to get you acquitted or get your charges dropped or minimize the penalties and probation you might receive. In order to prove any crime, the criminal prosecutor must prove that the accused committed the act with guilty mind beyond reasonable doubt. If the prosecutor cannot prove this, then the defense lawyer has a very strong chance for getting you a lighter punishment or getting your charges dropped.

Minor crimes, known as misdemeanors, like traffic violations, possession of illegal substances like small amounts of marijuana, petty theft etc are usually punished with the payment of fines. Major crimes like rape, murder/homicide, assault with a deadly weapon, assault and battery, grand theft are treated as felonies. States in the US have their own laws for criminal offenses but they are usually distinguished into misdemeanors and felonies. The prosecution varies from state to state. Some states still award the Capital punishment to higher crimes. Three strikes laws in certain states award harsher punishments to repeat offenders.

Many lawyers are concerned with defending traffic violations. Until recently DUI and DWI were not considered to be major offenses. Nowadays DUI and DWI are considered serious offenses. DUI which results in personal bodily harm would result in third degree felony charges for the driver in states like Florida. Driving with a BAC over 0.08 is considered illegal in all states. If you are charged with DUI you can contest the case with the help of your lawyer. The legal counsel may prove that your breathalyzer test was conducted with faulty equipment or equipment that was not calibrated. If you wish to contest a DUI offense you should consult a criminal defense attorney. Martinsburg WV residents can avail the services of criminal defense attorneys who specialize in traffic violations.

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