Even though you may be innocent, you still need a criminal defense lawyer. The criminal justice system is complex and challenging to navigate without the assistance of a lawyer. A skilled Birmingham criminal defense lawyer can ensure your rights are protected at every stage of the legal process. Keep reading to learn more about the benefits of hiring an attorney.
Why You Need a Criminal Defense Lawyer Even If You Are Innocent
Some reasons that you should hire a criminal defense attorney include:
Protecting You Against a Wrongful Conviction
Innocent people can be mistakenly charged or convicted due to procedural errors, misidentification, or prosecutorial mistakes. A criminal defense lawyer can challenge the evidence and ensure your case is properly defended.
Navigating Complex Legal Procedures
Criminal cases involve complex processes, including arraignment, discovery, plea negotiations, and trial proceedings. An attorney understands Alabama’s criminal procedure, including local court rules, and can effectively advocate on your behalf.
Ensuring Your Rights Are Upheld
Under Alabama law, criminal defendants have rights, including:
- The right to counsel
- The right to remain silent
- The right to a fair trial
- The right to confront witnesses
A lawyer makes sure law enforcement and prosecutors follow the rules and do not violate these rights.
Evaluating Your Case and Crafting a Sound Legal Strategy
An experienced lawyer can identify weaknesses in the prosecution’s case and advise you on the best course of action. They understand the defenses and legal strategies that work for different criminal charges.
Negotiating a Plea Deal
If the evidence is strong, a lawyer might negotiate to reduce charges or seek alternatives to trial that can minimize consequences. A plea agreement may result in reduced charges and a lenient sentence.
Regardless of whether you are facing a felony or misdemeanor, an attorney’s advice is essential. Alabama’s criminal code covers all types of crimes, including theft, assault, counterfeiting, domestic violence, sex crimes, drug charges, and white collar crimes.
What Happens if I Don’t Hire a Lawyer?
The truth is not always enough to protect someone from a wrongful conviction. If you choose to represent yourself in criminal court, things that could go wrong include:
- You risk self-incrimination by unknowingly saying something that can be used against you.
- You may fail to meet legal deadlines or procedural requirements.
- You might have difficulty fully understanding plea deals or sentencing options.
- You might be unable to argue or present evidence in your favor effectively.
- You won’t have the resources an attorney has to investigate your case and gather evidence proving your innocence.
Self-representation is risky. A lack of experience can be exploited by the prosecution to gain a conviction, even if you are innocent. You not only face criminal penalties if convicted, but you may have to deal with collateral consequences as well.
The Criminal Process in Alabama
The criminal process in Birmingham follows the state’s criminal justice system. Cases are handled by courts with jurisdiction over the charges, such as the Birmingham Municipal Court and the Jefferson County Circuit Court.
Key stages of the criminal process include:
- Arrest and Booking: The process usually starts with an arrest. Once taken into custody, the person is booked, which means their photo and fingerprints are taken, and the arrest is officially recorded.
- First Court Appearance: Within a day or two, the person appears before a judge. The court goes over the charges, sets bail, and assigns a public defender if needed.
- Charges Are Filed: The prosecutor reviews the evidence and formally files charges. Depending on the case, this can be done through a complaint, an information, or an indictment.
- Preliminary Hearing or Grand Jury (Felony Cases): For more serious crimes, the court holds a hearing to decide whether there’s enough evidence to move forward. In some cases, a grand jury reviews the case and issues an indictment instead.
- Arraignment: After charges are confirmed, the defendant appears in court again to officially hear the charges and enter a plea — usually guilty, not guilty, or no contest.
- Pre-Trial Process: Both sides prepare their case. This includes exchanging evidence (discovery), filing motions, and often negotiating a plea deal to avoid trial.
- Trial: If no plea agreement is reached, the case goes to trial. The prosecution must prove the person’s guilt beyond a reasonable doubt. Trials can be decided by a judge or a jury.
- Sentencing: If the person is found guilty, the court holds a separate hearing to determine the sentence. The judge considers the charges, any aggravating or mitigating factors, and the sentencing guidelines established by the law.
Hiring a criminal defense lawyer as early as possible in your case gives you the best chance of success.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. for a Free Consultation With a Birmingham Criminal Defense Lawyer
If you have further questions or require assistance with a criminal case, please contact Jaffe, Hanle, Whisonant & Knight, P.C. at (205) 930-9800 to schedule a consultation with a Birmingham criminal defense lawyer.
Our team is here to stand between you and a wrongful conviction — no matter the charge. Don’t wait until it’s too late. The sooner you call, the sooner we can start protecting your rights.