Many people do not seek legal representation immediately after an arrest. They may feel they cannot afford an attorney; they may think the outcome will be the same with, or without a lawyer; or they may simply trust the legal system. Those same people often regret that decision because there are several ways a criminal defense attorney can help the situation, even if the accused thinks no positive actions are available. People who have been arrested are scared, confused, and anxious. They need the help of someone who is objective, experienced, and ready to help them.
The first thing to expect from a lawyer is to gather as much information as possible about the event, the case, and the circumstances. Be honest, try to think of every detail, and answer all questions asked during the initial consultation. The lawyer is trying to determine if rights were violated at any point in the process that lead to the arrest. Officers can make mistakes that will result in evidence being inadmissible. A search that violated Constitutional rights, for example, cannot be used to incriminate the accused. Specific procedures have to be followed during searches, seizures, and arrests. If those were not completed properly, the charges may be dropped entirely. An experienced lawyer will know what questions to ask, and what to look for to determine if procedures were followed properly.
Legal representation can also build a case to help get charges lowered, which can make a big difference in the outcome. There are thirty States that currently have the death penalty for certain crimes. In Texas, for example, murder is a first degree felony that carries a penalty of five to ninety-nine years in prison for those convicted. Those convicted of capital murder face life in prison with no parole, or death. Conditions that elevate murder to capital murder in that State include killing more than one person in the same incident; murder of a child under the age of ten years, a firefighter or police officer on duty, or a juror or witness; murder in the course of another felony crime; or murder for profit. A lawyer can argue that the accused had no knowledge of the age or occupation of the victim, for example, in an effort to have the charges dropped to murder.
