Federal and state laws classify certain behaviors and actions as illegal and impose penalties, such as fines and imprisonment, for those who violate these laws. When individuals, businesses and organizations are charged with a crime—a misdemeanor or felony—they often enlist the help of criminal defense lawyers to protect their rights, ensure a fair trial and minimize the consequences if convicted.
Raleigh Criminal defense lawyers perform various crucial tasks, including:
- gathering relevant information and materials to support the defense
- interviewing witnesses to obtain testimonies that can support the defense
- developing a plan to challenge the prosecution’s case and defend the client
- filing motions with the court to request specific rulings or actions
- examining and disputing the validity of the evidence presented by the prosecution
- negotiating with prosecutors to reduce charges or penalties in exchange for a guilty plea
- advocating for clients during bail hearings, arraignments, pretrial motions and other court appearances
- challenging convictions by filing appeals, arguing for a case review and requesting retrials
Public Defenders vs. Private Criminal Attorneys
Both public and private criminal defense attorneys can represent you if you are accused of a crime, but there are differences in how they operate.
Public defense attorneys are government employees assigned by the court to clients who don’t have the financial means to pay for legal representation. On the other hand, private defense attorneys are hired and paid by the client directly to help fight the charges.
Public defenders often handle a high volume of cases, spend most of their time in court and may not have as much consistent communication with you. This may result in you being able to talk to your lawyer only on court days. Private defenders, on the other hand, can choose how many cases to take on, allowing them more time to communicate one on one with you, provide support, help navigate the legal processes and respond to calls and emails promptly.
If you are unhappy with your public defender, you have the option to fire them, but generally cannot switch to a different public defender of your choosing. When working with a private attorney, you have the freedom to research and choose who you want to work with.
In North Carolina, the right to counsel applies in all felony and misdemeanor cases where there is a possible imprisonment or fine of $500 or more, or if the conviction includes a suspended sentence. The right to counsel exists at all critical stages of a trial proceeding, including pretrial and trial proceedings, as well as during custodial interrogations by the police.
Should You Represent Yourself in a Criminal Case?
Most individuals accused of a crime opt for a licensed lawyer to defend them against the charges they’re facing. If they are unable to afford an attorney, they may depend on a public defender. Some people, known as “pro se litigants,” choose to represent themselves because they are unable to find an attorney to take their case, want to save on legal costs, don’t trust lawyers or think no one could understand what happened better than they do.
However, self-representation is usually not a wise choice, even if you plan on pleading guilty.
Without proper legal training, you may not fully understand the laws you are accused of violating or the procedures you need to follow. Simply reading up on criminal statutes and court rules doesn’t guarantee a comprehensive understanding of the nuances or effective application.
You could miss key elements of a crime that the prosecution failed to prove or overlook crucial deadlines for filing motions that could help your case. Additionally, judges expect pro se litigants to adhere to the same rules as lawyers and may not be lenient if you make mistakes.
Even if you know you are guilty, a skilled lawyer can identify strong defenses to reduce or dismiss your charges. For example, if a police officer made a mistake during the investigation, a lawyer can use that to your advantage. They can file pretrial motions to suppress unlawfully obtained evidence, which could weaken the prosecution’s case and force them to drop the charges against you.
Many criminal cases are resolved through plea bargains, where a defendant pleads guilty to a lesser offense or the prosecutor agrees to recommend a reduced sentence. An experienced lawyer is more likely to negotiate a favorable plea agreement for you.