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Criminal charges are heavy, no matter the crime. They require your presence in court and a strong defense that only a skilled lawyer can provide. The court process is governed by strict statutory regulations and deadlines, and the outcome of a case is impacted by decisions made early on. What television shows and movies portray as courtroom hearings – even on popular court T.V. programs – isn’t an accurate depiction of reality.
Many people lack a complete and accurate picture of how criminal cases progress in the system and how common procedural practices, like plea bargaining, shape results. As a result, some defendants make poor decisions that limit their legal options and harm their case. If you’re facing criminal charges, here’s the truth you need to know.
1. Getting a lawyer is about strategy, not just defense
One of the biggest misunderstandings is the belief that hiring a lawyer is only required if your case is serious. But that’s a subjective misinterpretation of the role lawyers play in the criminal process. A lawyer’s role is to prevent mistakes that can’t be taken back. Having a lawyer also shapes the narrative more favorably and makes it possible to negotiate a deal with the prosecutor.
Having legal counsel is the best way to avoid irreversible damage. If you didn’t get a lawyer before making statements to police, consenting to searches, or waiving your rights, that can harm your case. When you’re represented by a lawyer, you’re less likely to receive maximum sentences and more likely to be offered a plea deal.
2. Pleading not guilty is a strategy, not a declaration of innocence
Movies paint the picture that people only plead not guilty in an attempt to get their case dropped and avoid responsibility, but pleading not guilty isn’t a declaration of innocence. It’s a legal strategy that aims to reduce sentencing. Many people misunderstand the purpose of pleading not guilty when the state has evidence against them or they know they’re guilty. But each plea carries benefits and drawbacks and should be carefully considered under the guidance of a lawyer.
A plea bargain is where the prosecutor offers you a deal to plead guilty to a lesser charge in exchange for a lighter sentence. If the evidence against you is weak, your lawyer will fight for a more beneficial deal. You never want to plead guilty to “get it over with” because that eliminates your leverage and often results in harsher penalties compared to negotiating.
Criminal trials have become rare. More than 95% of all criminal cases in the United States are resolved through plea bargains. Prosecutors want to offer plea deals to avoid going to trial. But if you plead guilty the state doesn’t have to prove their case or offer you a deal – they might just give you the maximum sentence.
3. Prosecutors stack charges on purpose
Many people assume their charges are related to proven facts, but that’s not the case. Initial charges are brought to maximize leverage and are often reduced or dismissed later on. Prosecutors commonly file multiple charges initially to increase their bargaining power. Their goal is to make the charges as intense as possible so you’ll agree to a plea bargain. Not all charges will survive a trial, but they know people are more likely to accept a deal than risk the unpredictable nature of a jury trial.
4. There is no such thing as talking “off the record.”
Since law enforcement can legally lie to suspects, sometimes they attempt to elicit statements by telling them what they say will be “off the record.” That isn’t true. Nothing you say is ever off the record. Everything you say can be used against you, including statements made outside of a formal interrogation.
5. Criminal records carry long-term consequences
With the exception of specific crimes that pose a specific risk, it’s illegal for employers and landlords to discriminate against people with a criminal record. However, it still happens, and there’s nothing anyone can do about it. It’s extremely difficult to prove discrimination. Not getting called back or being told another candidate was selected won’t be seen as anything outside of routine procedure. In this sense, the law protects you, but it’s not easily enforced.
A lawyer is the best first line of defense
Criminal proceedings are complex and outcomes are shaped by a variety of factors that only a skilled criminal defense attorney can navigate. If you’ve been charged with a crime, it’s essential to secure a lawyer as fast as possible. Lawyers can’t guarantee results, but they can help you avoid the mistakes that lead to unnecessarily harsh outcomes.
