Criminal defense lawyers represent people charged with crimes in legal proceedings. Whether you are fighting a felony or misdemeanor charge, a criminal defense attorney can help you navigate the legal process, making it less confusing and smoother for you.
Criminal lawyers have the necessary knowledge of the legal procedures—acquired through education and experience—to investigate the case, collect evidence, perform legal research, draft and file motions, interview witnesses, create a strong defense and represent you in court.
They will make sure that all the required procedures were followed before, during and after your arrest, such as the reading of your Miranda rights, and they can challenge any inconsistencies to make your case stronger.
Public Defenders vs. Private Criminal Attorneys
Both public defender̥s and private criminal attorneys have the training and experience required to represent people charged with a crime. The difference lies in how they are appointed.
Since the right to counsel is a constitutional right, a public defender is appointed for a client if they lack the financial means to retain adequate representation without experiencing substantial hardship. In Oregon, if you can’t afford to hire a lawyer in a criminal case, you can request that the court assign you one after submitting a financial statement proving your eligibility.
A private attorney, on the other hand, can be directly appointed by the client. Their fee varies based on their experience, education, specializations, base rate and several other factors. You can discuss the fee structure with your lawyer before hiring them.
Should You Represent Yourself In a Criminal Case?
Your right to counsel includes the right to waive representation. This means if you choose to represent yourself in a criminal case, the courts in Oregon will allow you to do it after making sure you have knowingly and voluntarily refused counsel. However, if you are charged with a capital offense, the court retains the right to refuse your request.
Representing yourself in a criminal matter may not be a good idea in most cases, since the stakes are generally high and one wrong move can land you in jail. If you can’t afford good representation, you can ask the court to assign you a public defender.
However, even if you are determined to represent yourself, it’s still a good idea to meet with a few lawyers before making the final decision. Many criminal attorneys provide free consultations, so you may not even have to pay any fee for initial discussions.