When Should I Hire a Criminal Defense Attorney?

If you are facing criminal charges, it is crucial to understand the importance of hiring a skilled criminal defense attorney. At Rose Legal Services, we have assisted thousands of individuals who have been charged, arrested, or investigated for a crime.

Our team of attorneys is passionate about helping good people get a second chance and protecting their rights throughout the criminal justice process. In this article, we will discuss when you should consider hiring a criminal defense lawyer and how our firm can help you achieve the most favorable outcome in your case.

Situations When You May Need to Hire a Criminal Defense Lawyer

There are several critical situations when hiring a criminal defense lawyer can be beneficial:

If You Are Under Investigation for a Crime

If you suspect that you are under investigation for a crime, it is wise to hire an attorney proactively.

But, how do you know if you are under investigation?

1. A law enforcement officer may have called you on the telephone, left you a voicemail, or even left a business card at your residence or place of employment.
2. You may have learned that there you are “wanted for questioning” or a “person of interest.”
3. Or you may have received a “target letter” from a prosecutor – usually the United States Attorney’s Office.
4. Or a search warrant may have been served on your residence or other property.

All of these are surefire signs that you are under investigation – and you need an attorney, fast. By intervening early in the process, our lawyers may be able to help you avoid charges altogether or minimize the potential consequences of an arrest.

If You Are Arrested or Questioned by Police

Even if you have not been formally charged with a crime, consult with an attorney if you are arrested or questioned by police. Law enforcement often arrests people, questions them, and releases them a few hours later, without the filing of criminal charges – yet.

This should be cold comfort, though, as criminal charges are likely on the way. Sometimes, law enforcement will even specifically tell someone that they are being released “pending application of warrant” (PAW), which is police lingo that means they will be applying for criminal charges.

If law enforcement booked and released you, and you heard the words “pending application of warrant” or the letters P-A-W, you need a lawyer. Our experienced criminal defense lawyers can intervene to protect your rights, and if charges are filed, we’ll be ready to represent you in court.

If You Receive a Citation

Citations are not just for traffic tickets. Law enforcement officers often initiate legal proceedings by simply issuing someone a citation. A citation is a summons to appear in court, and a person who receives a citation must appear in court to answer the charges, or the court may issue a warrant for their arrest.

The citation may have a court date on it, or it may say “To Be Notified” or “To Be Determined” in the Court Date field, in which case the recipient should receive a summons in the mail. This can happen in any type of criminal case, but it is common with misdemeanors such as Driving While Intoxicated, Assault, Domestic Assault, and Shoplifting or Stealing.

The formal filing of criminal charges by a prosecutor in a court is not simultaneous with the issuance of a citation. Sometimes, charges are not filed until days, weeks, or even months later. It takes time for a prosecutor to review the police reports and decide exactly which charges to file. Sometimes, they may be waiting on a lab report or other evidence. But if you received a citation, that means you are being summoned to appear in court to answer a charge, and you will need an attorney.

When You Are Formally Charged for a Crime

If you are charged with a misdemeanor or felony, seek legal representation as soon as possible. You may receive a summons in the mail, or law enforcement may personally serve a warrant on you. And felonies are often issued on a warrant – even if you did not miss a court date. You may learn that there is a warrant for your arrest. Or you may just be arrested – at home, at work, during a traffic stop, or while walking down the street.

Felony charges, like drug possession or aggravated assault, are more serious and can result in lengthy prison sentences. Misdemeanors, such as theft or simple assault, can still carry jail time and have a lasting impact on your criminal record. Our attorneys have extensive experience handling a wide range of criminal charges and can provide the guidance and advocacy you need during this challenging time.

How a Criminal Defense Attorney Can Help Your Case

A skilled criminal defense attorney can assist you in many ways throughout your case:

Evaluate Evidence and Identify Weaknesses in Prosecution’s Case

Our skilled attorneys will examine evidence in your case, including police reports, witness statements, and any physical evidence.
We will scrutinize police conduct, search warrants, and evidence collection methods to determine if your rights were violated or if the evidence against you was obtained illegally. By identifying weaknesses in the prosecution’s case, we can build a strong defense strategy on your behalf.

Negotiate Plea Agreements or Go to Trial

In many cases, our attorneys can leverage the strengths of your defense to negotiate with prosecutors for a favorable plea agreement. If a plea agreement is not in your best interests, we are fully prepared to take your case to trial and advocate that you be found not guilty.

Provide Guidance Through All Stages of the Criminal Justice Process

The criminal justice process can be complex, but our team will be by your side every step of the way. From your arraignment and bond hearing to plea negotiations, trial, and sentencing, we will help you understand your options and the possible outcomes of your case. Our goal is to provide you with the support you need to make informed decisions about your future.

Factors to Consider When Hiring a Criminal Defense Lawyer

When selecting a criminal defense lawyer, there are several factors to keep in mind:

Experience Handling Cases Similar to Yours

When choosing a criminal defense attorney, it is important to look for someone with experience handling cases similar to yours. During your initial consultation, be sure to ask about the attorney’s typical cases and familiarity with local courts and prosecutors.

At Rose Legal Services, we have attorneys who handle a variety of criminal matters, including DUI, domestic violence, and drug crimes. And we regularly appear in all courts in the St. Louis metropolitan area, so we are very familiar with local prosecutors and judges.

Availability and Responsiveness

You want an attorney who will be directly involved in your case and responsive to your needs. At our firm, our attorneys work collaboratively on every case, ensuring that you receive the full benefit of our team’s knowledge and experience. Additionally, we have dedicated Client Care Specialists who are always available to answer your questions and provide updates on your case.

We also offer Open Office Hours twice a week (every Tuesday 4:00-6:00 and every Friday 1:00-3:00), in person and via Zoom, when you can meet with an attorney on a first-come-first-served basis, no appointment necessary. Finally, we will send you a written report every month that your file is open.

Legal Fees and Billing Structure

Discuss legal fees and billing structures upfront when hiring a criminal defense lawyer. Many attorneys bill by the hour, while others may offer flat fees for certain types of cases. At Rose Legal Services, we will provide you with a clear fee agreement in writing and discuss our policy during your initial consultation.

What to Expect During Your First Consultation

When you meet with a criminal defense attorney for the first time, bring any paperwork related to your case, such as citations, the arrest notice, or any other documents you may have.

Be prepared to discuss the facts of the incident and ask questions about the attorney’s experience, approach, and potential defense strategies. This is also an opportunity to inquire about the range of possible outcomes of your case and what you can expect throughout the legal process.

Don’t Face Criminal Charges Without an Experienced Lawyer

If you are under investigation, have been arrested, or charged with a crime, time is of the essence. The sooner you hire an experienced criminal defense attorney, the sooner we can begin working on your behalf.

Delaying can allow the prosecution to build a stronger case against you and may limit your defense options. Even if you believe the evidence against you is weak, it is still crucial to have proper legal counsel to protect your rights and ensure the best possible result.

At Rose Legal Services, we understand the stress and uncertainty that comes with facing criminal charges. That is why we offer free initial consultations to anyone who does not have an attorney or who is represented by a public defender. We want to help you understand your options and make an informed decision about your representation. Our team is dedicated to providing compassionate, personalized service and advocacy on behalf of every client we serve.

Contact us today to schedule a consultation and learn how we can help.