The thing that will happen is the judge will determine whether to set bail and if so, how much. Bail is money paid to the court to secure your release from jail while your case moves forward. A criminal defense lawyer argues before the judge that you are not a flight risk and should be granted a low and affordable bail. Having an attorney early on greatly increases your chances of avoiding being stuck in jail until your case goes to trial.
Defense immediately
A skilled criminal defense lawyer will not waste any time in beginning to craft your legal defense. They immediately request and review evidence, interview witnesses, research case law that could help dismiss or reduce charges, negotiate with the prosecutor, and take other steps to build the strongest case. If you wait to hire an attorney, early opportunities to develop defenses could be lost forever.
Taking the charges seriously
Hiring a brampton defence lawyer right away sends a message to prosecutors and judges that you are taking the criminal charges seriously. It could positively influence how they proceed with your case. Judges will see your early effort to secure representation as a sign you intend to properly defend yourself through the legal process.
Incriminating yourself
An arrest or charges, law enforcement may try to get you to make statements or admissions that incriminate you without you even realizing it. A lawyer acts as an intermediary and prevents contact that could hurt your case. They will advise you on how to interact with police, prosecutors, and others. Having a criminal defense lawyer early on prevents you from making mistakes that come back to haunt you in court.
Get charges dropped or reduced
An attorney may be able to get charges dropped before the case gets to trial. By presenting mitigating evidence and legal arguments to prosecutors early on, they could convince the prosecution that going to trial would not be worth their time and resources. At a minimum, they may be able to negotiate a plea deal for reduced charges. The best pleas are struck early when the prosecution may still have some uncertainty about being able to prove guilt beyond a reasonable doubt.
Effective defense strategy
Criminal cases often hinge on strategic defense moves made early in the legal process. Developing an optimal strategy takes time and work, like:
- Submitting Freedom of Information Act (FOIA) requests to obtain evidence from the prosecution and law enforcement
- Gathering exculpatory evidence the prosecution may have overlooked
- Locating witnesses and getting beneficial testimony on record early
- Researching past precedents that could support motions to dismiss charges
- Consulting with legal and forensic experts to support defenses
- Developing a sentencing mitigation strategy in the event of a conviction
Without adequate time to build a thoughtful and informed defense strategy, you may miss out on smart moves that could pay dividends later. The sooner you have expert representation, the more strategic options you will have. If a defense lawyer presents persuasive arguments against filing charges to the prosecution, they may decline to pursue the case further. Even if charges have been filed, presenting defenses and mitigating evidence to the prosecution immediately could lead them to drop the case before it moves too far along the legal path.
