A common question many people have is whether they should spend the money to hire an attorney to defend them or should they just plead guilty and accept the consequences of the sentence.

I advise everyone to make sure they have a lawyer representing them in any criminal case. This is because it is NOT a level playing field. Neither the prosecutor nor the judge will advocate for the accused. And those accused of crimes are most often not equipped to defend themselves in court or to advocate for a lesser sentence if convicted. Also, it is common for those who did choose to go unrepresented to reqret that decision later, when it is too late to do anything about it.

There are many things an attorney can do. An experienced attorney is familiar with all the legal defenses available and knows how to use these defenses to reduce the charge, dismiss the charge, or to get a reduced sentence. A lawyer who is experienced is also able to explain the process so that the accused is less anxious when appearing in court. A good defense attorney is an advocate in every sense of the word.

Our United States Supreme Court has recognized how important it is for those accused to have an effective advocate and has defined the defense attorney’s role in the system:

The following excerpt from Mr. Justice White's concurring opinion in United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967), contrasting the role of the prosecutor and defense counsel, is one that is significant for its candid discussion of the role of defense counsel consistent with the preceding discussion:

“Law enforcement officers have the obligation to convict the guilty and to make sure they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of the crime. To this extent, our so-called adversary system is not adversary at all; nor should it be. But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He must be and is interested in preventing the conviction of the innocent, but, absent a voluntary plea of guilty, we also insist that he defend his client whether he is innocent or guilty. The State has the obligation to present the evidence. Defense counsel need present nothing, even if he knows what the truth is. He need not furnish any witnesses to the police, or reveal any confidences of his client, or furnish any other information to help the prosecution's case. If he can confuse a witness, even a truthful one, or make him appear at a disadvantage, unsure or indecisive, that will be his normal course. Our interest in not convicting the innocent permits counsel to put the State to its proof, to put the State's case in the worst possible light, regardless of what he thinks or knows to be the truth. Undoubtedly there are some limits which defense counsel must observe but more often than not, defense counsel will cross-examine a prosecution witness, and impeach him if he can, even if he thinks the witness is telling the truth, just as he will attempt to destroy a witness who he thinks is lying. In this respect, as part of our modified adversary system and as part of the duty imposed on the most honorable defense counsel, we countenance or require conduct which in many instances has little, if any, relation to the search for truth.”

Jeanette Dalton has earned the respect of judges and prosecutors and her colleagues as an attorney who provides skilled, effective representation.

Please call us to discuss your case.
It’s a free call and only takes a minute.
It could affect the rest of your life
360-297-3053