When to Seek Professional Legal Assistance After Being Charged with a Crime

When to Obtain Professional Legal Help

Facing a charge, especially a first or second-time offense, can be overwhelming. The consequences of an arrest extend far beyond the immediate legal process and can impact your future, including job prospects, professional licenses, and even the ability to own certain businesses or be a part of specific organizations. Certain positions may be off-limits if you have a felony record, and a criminal record may impede your ability to pursue certain career paths.

Given these potential long-term consequences, it is advised that anyone arrested, especially first-time offenders, seek legal representation. This can include a public defender or hiring a private attorney or legal team.

Understanding Your Rights During an Arrest

At the time of your arrest, you will be informed of your rights. These include:

• The right to remain silent and not answer questions.
• The right to have an attorney present during questioning and to consult with one beforehand.
• If you cannot afford an attorney, one will be appointed for you before questioning begins.
• You can stop answering questions at any time and request an attorney.

If you do not understand the charges or feel that you are not guilty, it’s important to say no to answering questions without an attorney present. Your legal representative will help navigate your rights and advise on the best course of action.

Public Defender vs. Private Attorney

While public defenders can be invaluable, they often manage large caseloads and may not have the time to dedicate to each case. Hiring a private attorney ensures more personalized attention, which may improve your chances of a favorable outcome, especially in more complex cases.

Consider the example of a relatively simple offense: public urination. Depending on the circumstances, it could be charged as:

• Littering: A misdemeanor with fines ranging from $50 to $500.
• Disorderly conduct (Penal Code 647): Up to 6 months in jail and fines starting at $1,000.
• Public intoxication (Penal Code 647f): Possible jail time, fines, and mandatory registration as a sex offender in certain situations.

For a first offense, a good attorney (public or private) might help reduce the charge to a lesser misdemeanor. Public defenders often aim for a quick resolution due to their caseload, while private attorneys provide more dedicated attention and ensure that your record is properly expunged, if possible.

Serious Charges: DUI and More

For more controversial charges, such as DUI with a borderline BAC (under 0.08%), a private attorney may negotiate a wet reckless charge, which is less severe than a DUI. This option is typically available to first-time offenders and involves reckless driving with alcohol involvement but no property damage or injury.

In such cases, private attorneys might also suggest enrolling in a treatment program or work release to minimize disruption to your work life. A public defender may not have the resources to push for these alternatives.

The Cost of Legal Representation

The cost of hiring a private attorney can vary but is often an investment worth making. Some law firms accept credit cards or offer payment plans, making it easier to afford. Ultimately, the cost of legal representation should be weighed against the potential long-term consequences of having a criminal record.

Conclusion

Legal representation is crucial for anyone facing charges. Whether opting for a public defender or hiring a private attorney, it’s important to act quickly and consider all possible legal outcomes. If you can afford it, private legal representation offers a greater chance of favorable results, especially when it comes to more complex or controversial cases. In any case, think carefully before answering questions, and always request an attorney if you are unsure.