Tips for a Defendant’s Family During the Legal Process

Plenty goes through your mind when a family member is charged. Fortunately, a criminal defense attorney understands the intricacies of the legal system. He or she can help you and your beloved defendant navigate the criminal and legal system. Below are a number of tips that can help your loved one successfully present himself or herself as a defendant.

Behavior When Arrested and as a Defendant

An arrested person who resists arrest can appear as belligerent and guilty. This is true even if a person perceives that their rights have been violated and is convinced of innocence.

It’s important to know that the Fifth Amendment protects a person from self-incrimination. An arrested person should be polite to law enforcement when exercising his or her Fifth Amendment rights. The easiest way to fulfill the Fifth Amendment is to remain silent without an attorney present.

For a felony, a defendant must be present at all court proceedings. If a defendant is not present for his or her court proceedings, a warrant may be put out for his or her arrest. Regardless, not showing up for court dates reflects poorly on the defendant.

The Importance of Hiring a Defense Attorney

Hiring a criminal defense attorney is crucial for any felony charge. Each passing moment without an attorney is potentially damaging. The prosecution knows the law thoroughly and might try to sell an accused on a plea bargain that looks good but is not in the defendant’s best interest. An attorney can educate a defendant on his or her rights.

The Serious Consequences of a Felony Accusation

Serious consequences stem from a felony accusation. A felony carries severe consequences such as county jail time, prison, and restitution for the crime. A felony conviction also possibly results in the loss of firearm ownership, loss of voting privileges, being barred from a professional license, or denial of military service.

The Question of When To Post Bail

Posting bail as soon as a person is arrested complicates a felony case. An attorney can determine whether bail will be lowered. An attorney might save money on bail fees. A judge might raise the bail amount at the arraignment. The defendant might be taken back into custody. Any bail bonds paid will not be returned. If the charges are dropped at the arraignment, one can be released after two or three days without posting bail. An attorney can determine if bail is a good idea.

The Importance of Recording Information

Write down the names and contact information of possible witnesses. An attorney will contact these possible witnesses to see if their information aligns with the defendant.

An attorney will likely tell the defendant to write down all aspects of the case. This record counters the prosecution’s search for information to convict. Write it down immediately before it is forgotten.

Be Careful About Communications

Communication between the defendant and his or her attorney is governed by confidential attorney-client privilege. Do not withhold information from the attorney. Be honest about what happened. The attorney needs all the information her or she can receive to provide a successful defense.

It’s tempting to talk to family and friends about the details of the felony case. Wait until the case is finished before talking about the details of the case. Communications with family and friends are not confidential and could incriminate. Sometimes spouses are protected from testifying against a spouse.

The steps above are by no means an exhaustive list, but should provide an overview of the process a defendant should go through while in the process of the charge and proceedings for a felony case. No one case is the same, but commonalities exist between most cases. Exploring these similarities can avoid not only a conviction but also aggravation.