Criminal Attorney - Client Mistakes That Can Lead To A Conviction

The outcome of a case is determined by the evidence, or lack of, presented in favor or against the defendant. This is why communication between a client and his criminal attorney is crucial. While the situation can be distressing, failing to appear at meetings, fully disclose information, and cooperate overall with a legal team can ultimately result in a conviction even with a strong case. A lawyer cannot perform their job without the proper tools that the client must supply.

The biggest error people make when arrested for a misdemeanor, felony, or a suspicion charge is speaking unnecessarily with police officers or other inmates. Cooperation is important, but the only information they legally require is your identification. If placed in a holding cell, it is vital to remain quiet about any charges against you. The police are monitoring your behavior and will press other inmates to gather evidence. Keeping quiet around family members and friends is also vital. Your lawyer should be your first and only confidant regarding your impending case.

When faced with misdemeanor or felony charges, it is important to be candid when speaking with a criminal attorney. They are required by ethics not to reveal any confessions or statements made in confidence, with the exception of intent to commit a future crime. If a client confesses guilt, for example, the lawyer may leave the case but is still sworn to secrecy. The lawyer may choose to continue to represent a confessed guilty client and even enter an opposing plea during trial. However, they may not present false or misleading evidence that is not consistent with what is known to be true. It is the job of a criminal attorney to defend a client's rights, while the prosecution must prove guilt beyond a reasonable doubt. The more information provided to them by the client, the greater their chances of building a strong defense or plea-bargaining.

In addition to candor, a criminal attorney will require a certain degree of cooperation from his client. They will ask several questions over the period of trial preparation, but each case is different. The more information the client provides, even if not explicitly requested but related to the case, the more likely solid evidence can be produced. For example, a client may have noticed someone from a nearby house observing an important scene from a window. While he may be unaware of the stranger's identity, using the information available, a lawyer can seek out the witness and may uncover a valuable testimony.

If charged with a crime, a client must remain involved in the legal process. Many lawyers become frustrated with clients that fail to arrive at scheduled meetings, ignore phone calls, or refuse to return messages. Not only is the client wasting the time of the criminal attorney, but also he is practically surrendering his rights. Often times they will initially be distant, but when the court case nears, they are suddenly gushing pertinent data about the case. Delaying cooperation will only weaken the lawyer's opportunity to build an argument.