“Criminal law,” in a nutshell, concerns anything that threatens, harms, or endangers the safety, health, or moral welfare of any other person. A criminal defense lawyer is someone who represents or advises anyone charged with a crime. Anyone charged with a crime has the right to legal representation, whether they can afford it or not. And everyone charged with a crime should exercise that right.
In 1966, the Supreme Court ruled that anyone charged with a crime must be informed of certain rights immediately upon their arrest; otherwise, any testimony or confession they give may be inadmissible as evidence. The resulting “Miranda Rights” (named for the defendant in the case on which the Supreme Court ruled, Miranda v. Arizona) have become well known to criminals, police officers, and anyone who watches crime shows, but sometimes popularity can blur the lines of understanding.
In addition to protecting a defendant’s Fifth Amendment rights, the Miranda Warning also serves to remind the accused that they have the right to have legal counsel present during any questioning that may occur. This Constitutional safeguard is there to ensure that the rights of everyone are defended, even those accused of a crime.
In fact, the Miranda Warning is required to state explicitly that an attorney will be provided even if the defendant can’t afford one. This is made possible by the many public defenders on city and state payrolls, whose job it is to represent the economically disadvantaged when they need representation. Nearly all good criminal lawyers have been public defenders at some point in their careers.
Even if you have no intention of denying the crime, you should still find a criminal lawyer to represent you. The determination of guilt is just one facet of the process. Good criminal lawyers can make sure you are not over-sentenced for your crime due to a particularly hard judge or an overzealous prosecuting attorney. Good criminal lawyers can also present you with options, if they exist, for reducing your sentence (such as plea bargaining, where you provide helpful evidence to assist in a separate case in exchange for leniency in your own).
In this country, everyone is innocent until proven guilty. And even if you have been proven guilty, you still have certain rights that should be protected. Criminal lawyers ensure that justice is served properly, fairly, does not overstep its bounds.
