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By: Law Offices of Mace J. Yampolsky

What Are Some Things To Know When Facing A Criminal Charge?

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The number one thing to know if you are accused of a crime or if police want to talk to you is, don’t talk. You can always talk later. Do yourself a favor and discuss your matter with an attorney first. When you discuss the matter with your lawyer alone, there is an attorney-client privilege. Even if you tell the attorney that you have committed the crime, the attorney will still be able to defend you and you can plead not guilty.

In a situation in which the client admits to the attorney that he has committed crime, the attorney has an obligation to the court not to put on perjured testimony, The attorney can’t and won’t put the client on the stand and have him say, “I didn’t do it”. The attorney will instead make sure the State can’t prove its case by using various techniques including cross-examination and discrediting adverse witnesses. If there is physical evidence that doesn’t fit the prosecution’s theory, the attorney can also bring that up. Sometimes, going to trial is not in the best interest of the client. In a plea bargain, it’s the attorney’s job to get the most favorable result possible.

An attorney’s first job is to keep their client out of prison. If they can do that, it’s a win. Their second job is to avoid having their client convicted of a felony. When someone is convicted of a felony, they can’t own a gun, can’t vote, can’t serve on a jury and there are other rights that will be taken away. The final thing is if the attorney can walk out of court with their client and have the case dismissed that is a grand-slam home run.