Four Things Your Criminal Defense Attorney Won't Say

The distress you're feeling because of legal trouble is somewhat relieved by your decision to swiftly retain a criminal defense attorney. However, you may have some unrealistic ideas about what that relationship will be like and what they'll advise; that's in part because of TV shows and what others have told you. A trustworthy attorney will never suggest the following.

"Your Rights Weren't Read to You? This Case Will Get Dismissed."

Many people have believed for years that "Miranda Rights" have to be told to anyone being arrested. Indeed, many of those arrested on scripted TV shows have cases dismissed if police fail to issue those statements. However, your real lawyer will likely break the news that even if you didn't hear those rights, you'll remain in custody. That's usually because, in many jurisdictions, Miranda rights are given to people who are in fact-finding situations where they'll be questioned for some time.

"Dumping Illegal Substances is Fine"

Because an attorney is your advocate, you may think they're willing to bend laws or ignore some behavior if it will help you. However, to retain their license, good lawyers are unlikely to risk their own livelihoods for dishonest clients. They will never suggest that you hide or dump illegal substances in order to avoid more charges. In fact, such actions, if discovered, will make the predicament and consequences worse for you. Your lawyer will always suggest the most lawful and reasonable actions during their time as your attorney.

"Getting Bail is Easy."

Expecting to meet bail requirements quickly so you can return to your neighborhood and home is not unusual. However, a bail-related release is not as easily accomplished as you likely think. Bondsmen check each case; they may refuse your application. You may need to apply with several bondsmen. Even when accepted, holding facilities run through their own processes before letting you go. Your lawyer won't guarantee immediate release, as they're familiar with delays.

"You Should Get Your Story Straight with Friends."

If friends are likely co-defendants or witnesses, you're probably in a hurry to talk and "be on the same page." You may expect the attorney to encourage this, especially if they meet with your friends. However, while your defense is their goal, your lawyer is likely to encourage all of you to be honest and could discourage contact if they feel your case is threatened by contact.

Avoid assumptions when you're in real legal jeopardy. Meet with and listen carefully to your lawyer. Their information and suggestions may not be as optimistic as you'd like, but they will prepare you truthfully for what lies ahead.

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