Why do I even need a lawyer?

​Most of us were raised to know that when we do something wrong, the right thing to do is to take responsibility for our actions. Owning up to our mistakes nearly always guaranteed a fair and just punishment. Because of this, it seems intuitive then that when we get into trouble with the law, the same principles should apply, leading us to wonder why we need a lawyer at all.  After all, why do we need to pay someone to stand there beside us when we throw ourselves on the mercy of the court? 
The answer is simple: because the law is often times so complex that even the most straightforward cases can have surprising twists and turns.  Lawyers pride themselves on their ability to zealously represent their clients, in other words, doing everything they can within the bounds of the law to ensure that their client wins. Without someone in your corner who can help you determine if the other side is asking for a lot from you because their client has a very strong case or because they are merely pushing for every advantage, it can be hard to know if you are getting a fair deal.
When debating whether to hire a lawyer, it is important to keep in mind what is at stake.  In a civil case, it’s often either your money or property at risk. In a criminal case, however, you stand to lose your money, property and your freedom.  So while you probably don’t need a lawyer to help you handle fighting the ticket you got for driving 67 mph in a 65 mph-zone, if you’re charged with even a slightly more serious crime, having a lawyer in your corner can really pay off.  Here are the ways in which retaining a lawyer can definitely help:

• Discovery: In most cases, whenever you go to court, you have the right to know what evidence the other party has against you.  The process of finding out what the other side knows is a called discovery, and a lawyer will be able to explain to you what information you’re entitled to have, how soon the other side needs to give it to you and, perhaps more importantly, can help you get it if the other side is resisting. A lawyer can also tell you what information you may have to turn over to the other side, and what information you can keep to yourself.
• Tackling timing issues: In order to keep the system running efficiently, the courts and other administrative agencies (like the DMV, for example,) have constructed a system full of deadlines. In some instances, missing these deadlines can extinguish some of your rights.  For example, if you’re charged with a DUI, not only are you subject to punishment from the courts, you are subject to punishment from the DMV, which has the authority to suspend or revoke your driver’s license.  Just like in the criminal justice system, you have the right to a hearing with the DMV, allowing you to present your side of the case, before this happens. However, something a lot of people don’t know is that the DMV can suspend your driver’s license automatically unless you notify the DMV within 10 days of the incident that you wish to have a hearing on the issue.
• Determining whether you need to appear: Something else a lot of people don’t know is that for some crimes and at some stages of the proceedings, you don’t even need to personally appear in court; your lawyer can appear on your behalf.  This can mean not having to miss as much work, not having to travel to the courthouse, and not having to deal with the stress of appearing before a judge.  For some people, these economic and emotional savings outweigh the cost of hiring a lawyer.
• Rights:  You have a lot of rights, especially in criminal matters. A lawyer will ensure that you are afforded the full advantage of every one of these rights, and that no one in the system takes advantage of you.
• Investigators: Most law firms have the ability to hire investigators to independently research the facts of the case.  Not only are most witnesses to an incident more willing to talk to an investigator than they would be in talking to you, a lawyer’s investigator has experience in talking to people who may not want to admit they witnessed an event, they know what questions to ask, and they have the ability to look into a witnesses background to help establish or refute that witnesses credibility.
• Negotiations:  Most legal matters start off with one side asking for more than they expect to get in the end.  Lawyers have experience in recognizing when a deal is as good as it’s going to get, and when they can push for more.   Also, by having a lawyer negotiate on your behalf, the negotiations tend to be less emotionally charged, ensuring the discussions are based on facts and you get an equitable result.
• Making it all go away: In California, there are some crimes which can effectively be erased from your record if you successfully complete probation.  A lawyer can not only tell you which crimes can be expunged from your record, and which can’t, a lawyer can handle all the legwork needed to erase the conviction from your record, if you are eligible.

 
If you think you might need a Criminal Defense Attorney in the North Bay Area, feel free to contact Devina Douglas.