Everyone has heard the famous lines on the plethora of police TV shows and even “Cops.” That line is from the Supreme Court case. Miranda v. Arizonaand it goes something like this:
You have the right to remain silent. Anything you say can be used against you in court. You have the right to have an attorney present before and during any questioning. You have the right to terminate the interview at any time. Do you understand these rights?
The focus of this article today is on the text that is in bold in the above statement: the fact that every person accused of a crime facing more than a fine as punishment has the right to have an attorney present to assist in his or her case. defending
Without criminal defense attorneys to help ensure accuracy and equal treatment of all involved in the criminal justice system, it could be argued that the system would become unbalanced and the state would take advantage of people who do not know their rights or who for any reason, do not exercise their rights, such as those established above.
In Texas, anyone who is charged with a crime that carries more than just a fine, that is, someone who faces even a day in jail as a possible sentence after conviction, and who cannot afford to hire an attorney , you can ask the court to appoint a lawyer for you at no cost to the defendant.
The Sixth Amendment to the United States Constitution states that “In all criminal proceedings, the accused shall have the right… to be assisted by counsel for his defense.” Gideon vs. wainwright recognized: recognized
From the beginning, our state and national constitutions and laws have placed great emphasis on procedural and substantive guarantees designed to ensure fair trials before impartial tribunals in which all defendants are equal before the law. This lofty ideal cannot be realized if the poor man accused of a crime has to face his accusers without a lawyer to assist him. 372 US 335, 344 (1963).
It is a general principle that competition generates growth and development. The United States criminal justice system is centered on competition. In fact, it has been labeled an “adversarial system.” What this means is that the State with all its resources brings charges against a defendant, who can then proceed to trial, where a judge in a bench trial or a jury in a jury trial will render a decision as to guilt or fault. culpability. . While there is the presumption of “innocent until proven guilty,” a defendant without a lawyer is sure to face obstacles that may be insurmountable for him or her. And in this sense, every person, regardless of his level of income and education, has the right to have a lawyer to assist him in his defense. It is through this principle of competition that only the guilty will be convicted, at least in theory.
The role of a criminal defense attorney is to require the State to prove all elements of your case beyond a reasonable doubt and to explain to the defendant what options you have to resolve the case, along with the possible consequences of each option. While there are often criminal defense attorneys who advise a client to plead guilty nolo contender (uncontested) to a charge, it may be because you believe there is little chance of a “not guilty” verdict at trial and you want to minimize the punishment meted out to the person. This is usually done through a plea bargain process.
When a person is charged with a crime, a defense attorney is the only person whose job it is to fight to protect their rights and must engage with the client to explain the crime the defendant is facing, what the possible range of punishment is, and what it is. options that exist for parole, including deferred adjudication or deferred disposition. The client’s attorney should also explain what rights she has and what to expect during each stage of the criminal justice process. The attorney must then begin to investigate the facts of her case and make sure that law enforcement officers or others involved in the process do not violate constitutionally protected rights.
While it may not be what a client wants to hear, an attorney’s role is to remain objective and provide advice based on their experience in the jurisdiction in which the charges are filed. This includes explaining the possible outcomes if the case is tried. The attorney may negotiate a plea agreement with the State on behalf of the client, which means that a more favorable disposition or resolution may be obtained in exchange for the Client’s guilty plea or no contest.
And of course, if the case goes to trial, the role of a criminal defense attorney is to protect the Client’s interests as much as possible by cross-examining (examining) the State’s witnesses and protecting the evidence by objecting to inappropriate questions and offers on the part of the State. of the State. Furthermore, if the strategy is to present a defense, it is the lawyer’s job to do that as well. But sometimes the best strategy is to simply remain silent…and this can be for a variety of reasons. The defense attorney should explain this to the client, but ultimately it should be the client’s decision, since he or she is the one facing possible conviction.
If you can’t afford to hire a criminal defense attorney, ask the court to back you up. Now, there are multiple factors that will affect whether one is named. For example, if someone posted bail to get out of jail, many judges are hesitant to appoint a lawyer because they believe that if a person can pay for her release, he can pay for a lawyer. This is not always the case and should not prevent a person from seeking an attorney. It is also possible that circumstances have changed from the time of bond to the time a person applies for a lawyer.
You can also ask the magistrate, probably the first judge you see. If this judge does not appoint a lawyer, politely insist, but don’t be discouraged if the answer is still “no.” Every time he sees a judge, he asks for a lawyer. And, don’t give up your rights or get frustrated and stop asking. This is the right of a defendant, one of many. And this is just one of the principles that separates the United States from so many other countries. I repeat, keep asking for appointed counsel.
You will need to show your financial status by completing some type of form that asks about income and expenses. When you go to court, if you don’t have an attorney, bring pay stubs, bank statements, and copies of your monthly bills with you to court, especially if you’ve been released on bail. These documents will help the court determine if you qualify to receive a court-appointed attorney.
Ask, ask, ask… and ask again for a lawyer to be appointed.
Sometimes judges and other officials will put off your request for a court-appointed attorney, usually by telling you to try to hire an attorney. If the judge asks or tells you to try to hire an attorney, try to talk to at least two or three different attorneys before your next court date and get written estimates if possible. If not, just write down who you talked to, when, and how much you quoted. If you cannot afford the prices the lawyers quote you, you should go back to court and ask again for a lawyer to be appointed. Be prepared to tell the court about your efforts to hire an attorney on your own.
Never miss a hearing because you can’t afford to hire a lawyer, even if the judge said you had to hire a lawyer before your next court date and you don’t have enough money to do so. Keep asking for a lawyer and filling out written requests for appointment of a lawyer every time you go to court. Skipping court will lead to a warrant being issued for your arrest and a much higher bail being set, which could prevent your later release. In addition, it may result in additional “failure to appear” charges being filed.
To conclude, the right to have an attorney present is guaranteed in both Texas law and the United States Constitution. Be persistent. Be polite. But, do not give up your rights without the assistance of an attorney. Expediting the process will not help you, more likely it will just cost you jail time or higher fines/community service hours. All defendants have the right to an attorney. Know that right and use it!