News

Do I need a Criminal Attorney

Utah criminal attorney
If you have been charged with a crime, whether a misdemeanor or a felony, you may ask yourself do I need a criminal defense attorney? Whether or not you think that the situation is serious, there may be a lot more at risk than is immediately apparent, and you could find yourself looking back on this case year from now wishing that you had taken some different steps, if you don’t hire an experienced criminal attorney. When hiring a criminal defense lawyer, it is important to find the right one to handle your specific case. However, many wonder what a defense lawyer generally does for their clients. First of all, before choosing a lawyer, it is important to make sure they are licensed to practice law in Utah. Most lawyers specialize in a certain area of law and it is best to choose one that specializes in the practice area in which you require defense. When an attorney has specialized in a specific area of law for the majority of their time in practice, this typically signifies that they have a lot of experience relating to that subject. Their job is to represent their clients in court proceedings and they are supposed to do what they possibly can to get their clients the best outcome. It may not always work in their client’s favor, but attorneys are bound by a code of ethics under licensing laws and must provide their clients with fair and honest representation that works in the best interest of their clients. This article analysis some of the pros and cons in self-representation (pro se) versus hiring an experienced professional.

Advantages and Disadvantages of Pro Se Representation in a Criminal Matter

After being charged with a crime, a defendant will have several court proceedings they need to participate in to resolve the matter. The first thing a defendant should determine is their court representation strategy. Will they hire a private attorney, ask for a public defender, or represent themselves? If a criminal defendant chooses to represent themselves in court, this is referred to a pro se representation. Instead of relying on a lawyer for representation and legal advice, a pro se defendant researches and argues their own case in front of the judge and the jury. However, most lawyers and judges would agree that pro se representation is not always the best decision for a defendant facing criminal charges. This is because most people lack the skill and experience to put up the best defense. Many times when a defendant has self-representation, they will be convicted when a lawyer could help them get a not guilty verdict or a better deal. On the other hand, the right to pro se representation is guaranteed by the United States Constitution. So, if the defendant chooses to represent themselves in a criminal trial, the court must honor that decision. If a defendant chooses to represent themselves, they will need to take the following steps:
  • Tell the court that they wish to proceed with pro se representation;
  • Establish competency to stand trial (criminal defendants that lack competency cannot represent themselves pro se);
  • File the appropriate court paperwork; and
  • Meet all court deadlines and case requirements.
Keep in mind that these requirements may vary between states and particular courts. Additionally, some judges may allow or require a pro se defendant to work with a “standby attorney”. This provides a pro se defendant with a lawyer who is there to help if they need one to step in during a proceeding to help with procedure or arguments. Many judges prefer this type of representation because it allows a defendant to assert their right to be pro se while still having traditional representation available if things get out of hand.

Advantages of Pro Se Representation

While the disadvantages to pro se representation carry more weight in most instances, there may be some advantages depending on the defendant’s situation. These may include:
  • Familiarity: The majority of criminal defendants who choose to go pro se base their decision on a lack of trust in the judicial system. The defendants may believe that they know their cases best and are therefore in the best position to provide the greatest defense;
  • Lower costs: Another common reason a defendant might choose pro se representation is the cost involved in hiring an attorney. If the defendant does not want the pro bono attorney, they will have to spare significant expense to hire a private attorney. However, even though pro se representation saves money it also provides a lesser chance of winning the case in most instances;
  • Strategy Decisions: Having pro se representation means that the defendant solely calls the shots in their defense. This eliminates strategy disagreements between an attorney and client and the defendant feeling pressured to proceed with their case in a certain way. However, pro se defendants will still need to learn and follow the court’s rules; and
  • Legal Experience: If the defendant is an attorney or has work experience in a legal setting, they may already be familiar with the judicial system and equipped with the tools needed to effectively argue their case.

Disadvantages of Pro Se Representation

Overall, pro se defendants have a lesser chance of winning their case than if they were represented by an attorney. Before making a representation decision, criminal defendants should consider the following disadvantages of proceeding in a pro se fashion:
  • Lack of Training and Knowledge: Perhaps the greatest disadvantage of pro se representation is that most defendants are not adequately trained in the law to represent themselves. Most criminal defendants have not gone to law school or received any legal training. As such, they will lack the knowledge of how to argue a case and be unfamiliar with common criminal procedure requirements that courts impose;
  • Inferior Argument Skills: Although a defendant might have some knowledge of the law, knowledge alone is not enough to win a case and persuade the judge or jury that they are not guilty. Again, the average person will usually find it difficult to argue if they lack training in communication and argumentation skills. Language barriers can further complicate these situations;
  • Bias: Pro se defendants will generally have inherent bias because they cannot look at the case from the other party’s position. On the other hand, lawyers are trained to think this way in order to determine the best case strategy and arguments. Even defendants who are attorneys or have legal experience may have trouble getting rid of their bias when they are representing themselves; and
  • Delays: Since many pro se defendants are unfamiliar with court/case rules and procedures, this may cause delays with case resolution. It can also result in sanctions against the defendant.

Utah Criminal Defense Lawyers

Attorneys that specialize in criminal defense are often self-employed or work for private firms, but can also work for organizations and government agencies. Once a lawyer is hired and retained, they will gather all pertinent details regarding your case and will work on building a strong defense strategy. Their defense strategy should challenge every aspect of the prosecution’s case in order to do what they can to get their client the best final outcome possible under the circumstances, which obviously vary from case to case. There are many different types of cases that criminal defense lawyers can take on such as assault charges, theft and fraud charges, white collar crimes defense, and DUIs.

Civil Litigation Defense Lawyers

Civil defense lawyers often work on cases where they defend people listed in a lawsuit. In these types of cases, their clients are being taken to court and sued for a sum of money. The lawyer’s job is in these types of cases is to try and prove that their clients were not liable for the claimed damages. This area of defense covers many different types of cases. For example, divorce law, personal injury law, and mass torts.

Public Defense Lawyers

Lawyers working as public defenders usually work for government agencies and can be specifically appointed to one office like for a county defender’s office. They are retained by these agencies to provide those who cannot afford legal counsel, the right to legal counsel and defense.

Juvenile Defense Lawyers

Juvenile defense lawyers defend people aged between 10 and 17 since they cannot be tried as adults, even if the crimes committed are the same as adult crimes. Sentences and penalties are much different for juveniles and this area of defense law is quite unique because in most cases, defense lawyers who specialize in this area of law are tasked with trying to find rehabilitative solutions for their young clients and hopefully help them avoid incarceration. Defending yourself against a criminal charge is no easy matter. You must understand the elements of the crime that you have been charged with and see what defenses you may have against the various elements. You do not need to defend against all of the elements, as it only takes a reasonable doubt by the jury for one of them. Every case is different, but here are a few of the most common defenses to a criminal charge.

How Much Does It Cost to Hire a Criminal Defense Attorney?

As noted above, the costs of criminal defense lawyers vary, as no criminal case is identical to another. There are several factors that can affect the overall costs of a criminal case, including:
  • Defendant’s Income: Your income determines whether you are eligible for a court-appointed attorney, or whether you need to hire your own attorney. Each jurisdiction may have different qualifications to determine if someone can afford to hire their own attorney. If an individual qualifies based on their income, then the court will appoint a public defender paid for by the government, as guaranteed by the Constitution;
  • Investigation and Experts: As mentioned above, many criminal cases have complex issues that can require investigators and/or expert witnesses. For example, a defense attorney might hire an expert in chemical testing to contest or explain the results of a BAC analysis in a DUI trial, or a psychologist if the defendant wants to claim the defense of legal insanity. Investigators and experts require on average a retainer of $2,000 and can charge over $300/hr. Thus, based on the particular circumstances of your criminal charges, there may be extra fees needed to form a stronger defense; or
  • Attorney’s Fees: As mentioned above, criminal defense attorneys do not all cost a fixed amount of money. Attorney’s fees will vary according to several factors. Some of the more important factors affecting an attorney’s rate include: The skill of the attorney; the experience of the attorney; the seriousness of the offense; the complexity of the legal issues in the case; the amount of time spent by the attorney in the criminal discovery process; The delegation of tasks to law clerks or paralegals; Whether the case goes to trial; and Whether the attorney charges a flat fee or by the hour.

Call Ascent Law Now

If you have been charged with a criminal offense, it’s a great idea to hire a Utah criminal defense lawyer. These lawyers have enough skills and experience in dealing with criminal cases. This helps them enhance their reputation because they work to satisfy your expectations.
Kermit R.

I like these guys, they worked as a team to get my lawsuit resolved. As far as my divorce and child custody case, they know their stuff. I really wanted to settle quickly. It wasn’t as fast as I wanted, but it got done and I am so much happier for it.

George H.

Mike Anderson and Greg Lyle have really helped me with a real estate quiet title action. These guys know real estate law. If you are in South Jordan – you should see them for real estate litigation.

Tre G.

I want to thank you for assisting me through this difficult times of going through bankruptcy. I was at the hearing today. Mr. Weekes was there for me. I was scared, but he re-assured me. It went on smoothly. There was a time I became emotional, and started to sob quietly, and looked sad. I want to thank you again kindly.

Adam J.

[Ascent] Law was professional, helpful, and easy to work with. They kept us informed on what was going on and helped us to make sure we understood what was being done and what was expected of us. We were glad we chose them!

Stephanie M.

[Russell Weekes] helped me through my bankruptcy I was so nervous about my situation they were so great in answering all my questions. I recommend them to anyone they are fast and a professional team who care about there clients and what they are going through.

J.C.

Russell and his team made my situation nothing short of amazing for the situation I was in.  All of my questions were always answered and I never was made to feel as if I was dumb to have gotten in the financial situation that I did. I have already referred a friend and would refer any family and friends to him and his team.

Dan D.

I had a great experience. The people were friendly and helpful. They went above and beyond to help me.

Tommy B.

Great service. I appreciate their kindness and making me feel at ease.

R J

I highly recommend [Russell Weekes]. Filing Bankruptcy isn’t fun for anyone, and these guys were there for me every step of the way. I always got quick responses, they answered every question and put me at ease. I am extremely happy I chose them!

Tim F.

Everybody should go to [Ascent} should they have any bankruptcy matters at hand. They’re 100% legit, intelligent and friendly. They will do whatever it takes to see that your case is successfully discharged! They stay on top of it 100% of the way even if you get too caught up with lifes hurdles, they’re behind the scenes still steady at work for YOU!! (Their 1st priority). I fully recommend and support [Ascent] Law!!!

Aaron F.

I’m filing for bankruptcy right now and they have been great so far answering my questions and everything.

M J

[Ascent] Law helped me out during a tough time. They took care of everything and were super friendly.

Aaron M.

If you’ve gotta go through the mess of financial bankruptcy, these guys are the best. My attorney as well as all of the paralegals and staff made going through hell much easier than I could have ever asked. Any questions I had they responded to immediately. They were always timely and gave me great legal advise. They aren’t the cheapest option, but the payment plans provided were unbeatable.

Justin T.

Great service. They answered all of my questions and made me free comfortable. The staff and attorneys are knowledgeable.

Annon Y.

I am extremely happy with [Ascent] Law. First, no one ever wants to be in a position to have to file for bankruptcy, but if you do, you need someone who knows what they are doing, and will keep you informed. I was very nervous that I wouldn’t pick the right lawyer, or we would end up with someone who just wanted to get paid, and left us hanging. Our lawyer has been AMAZING. He is always fast to respond to any of my questions, and is very good at making sure you understand what is happening, and that you are comfortable with the process.

The Perrys

Wonderful Attorney in Michael Anderson. Just what we were looking for in a Family Trust. Very knowledgeable, trustworthy, dependable, smart and kind. Recommend him or this law firm to everyone.

A Satisfied Client

My experience was unlike all of the stories one hears of attorneys. Mike and his team were absolutely spot on with their communication, follow-up, understanding and ultimately the results. They were aware of my budget and worked hard to keep me there.

I am truly appreciative of there complete caring and handling of my situation.

Jeffery L.

I want to take a moment and tell you about Michael Anderson – I will try to keep it short. Mike is not only a family man that is good to his wife and kids, but he is an amazing lawyer. I have learned that when you have to choose an attorney to fight for you and your child’s life in court, you should review the prior successes of the attorney. But honestly, not only did I need an aggressive pit-bull type of attorney, I also needed an attorney with a kind heart, someone that could handle an over-aggressive ex and also be caring to me. That’s exactly what Mike Anderson is. A caring family law attorney and also an aggressive advocate in court. I highly recommend Mike, Colt and Greg and all of their professional staff (I’ve spoken with all of them over this child custody dispute and divorce mess). Not only does Mike have the life skills of being a loving husband and father to his 3 kids, but he knows the law and is able to help you look forward and help you with the problems here and now. He’s good. Really good. Mike really helped me through this stressful time in my life. When it’s your turn to have to fight in West Jordan or Salt Lake (I’ve been in both courts) you better make sure Michael Anderson is on your side. If he’s on the other side – look out! Thanks for everything Mike.

Elise J.

My experience with [Ascent Law] was the most painless of all the many horrible things that a DUI charge will bring with it. The reason I say it was painless was because he knows exactly what he is doing. You know once you talk to him that this isn’t his first rodeo. [My attorney] has confidence in what he is doing witch really helped me during this hard time. This was not the case with other lawyers that I talked to. They told me things that I wanted to hear to try to sell me. That just made my situation worse and lengthened the process and cost. I had some priors so this wasn’t a simple case, but after hiring Mr. Rush he got everything worked out and he found flaws in the prosecution’s case against me. He found their mistakes and their missing information which made all the difference. Other lawyers don’t even read the reports but [My attorney] knew all the details. So, if you have criminal case, I give you my testimonial that he is professional, ethical, smart, and has a good team working with him and you never find yourself trying to track him down for stuff. I can’t tell you how happy I am. Thanks!!!”

Free Consultation