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Criminal Defense in America and Knowing Your Rights

By Luke Worli posted 01-30-2021 04:39 PM

  

Thousands of people are arrested every day across the United States. In some cases, however, the accused is not guilty. It happens more often than you might expect, and it can happen to you. Knowing your rights if that were to happen is an essential step in making the best decision for your unique situation.

There are a number of factors that could lead to the arrest of an innocent person. False accusations, misidentification, misconduct by law enforcement, or simply being in the wrong place at the wrong time are all a possibility. Whatever the reason, you may ultimately find yourself needing a criminal defense attorney.

2020 was full of high-profile incidents involving police misconduct. It emphasized to the world that, unfortunately, minorities are most often the victims of unfair treatment by the law.

We saw the death of George Floyd in May, which sparked nationwide protests. Following that, numerous other incidents with police occurred, including the death of Breonna Taylor and Andre Hill. Recently, a black man was arrested after he wasfalsely identified by facial recognition software.

Being stopped by the police itself can be a stressful experience for anyone. When confronted by a police officer, it’s importantto know your rights. Cooperating with police is essential but doesn’t guarantee fair treatment. 

We can’t assume that police will act in a way that puts our safety first and respects our rights. Therefore, one thing to remember is that all charges should be disputed in court, not with the arresting officers.

Navigating the legal process on your own is often very difficult. This is where criminal defense lawyers come in handy.  There are several things a criminal defense lawyer can do for you in the case of a wrongful arrest.

Support during questioning

When you are questioned by the police, being able to answer them correctly is critical. Some questions can be confusing or purposefully misleading. The stress from your arrest will likely affect your judgment, and a lawyer nearby will provide a cool head to support you during this process. They are also there to make sure you don’t answer any questions that could hurt your defense and that all questions thrown at you are fair.

Assessing the evidence against you

What evidence does the police have against you? A defense lawyer will assess this and decide if it is admissible in court. In many cases, there is no evidence at all. Perhaps it’s just an unreliable eyewitness and nothing more. On your own, though, it would be difficult to fight back against any of this.

Presenting your application for bail

The last thing anyone would want is to be held in custody while they await their trial date. A defense lawyer prepares the application correctly and advocates the reasons you should be released.  

Reducing your sentence

In the unlikely event that you’re convicted, it may be possible to get a reduced sentence. For minor crimes, your lawyer can advocate for community service rather than jail time. Even if jail is unavoidable, your lawyer can help get the lowest sentence possible for you.

Ultimately, for your case to succeed, it’s crucial to have the best representation possible. FLCrimeDefense.com offers useful resources for anyone seeking criminal defense. While a criminal defense lawyer can seem expensive, it may cost you more in the long run not to get one.

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