Do I have a right to an attorney?
Yes. If you have been arrested for committing a crime or if you are the focus of
a criminal investigation, you have the right to consult with a private attorney. If
you are unable to afford a private attorney, you have the right to consult with a
public defense attorney after your indigent status has been determined by a
judge. The Cook County Public Defender’s Office is available to give accused
indigents important legal advice.
Should I hire an attorney?
The criminal justice system is vast and complex. It is unlikely that any
defendant would not benefit from the advice of an attorney. Even if a defendant
wishes to represent himself at trial, there is usually much he may learn from
an attorney about possible defenses, rules of evidence, criminal procedure,
trial strategy and tactics, controlling case law, and consequences of
conviction, as well as other important considerations.
When should I call or hire an attorney?
In almost every case, the sooner a person hires an attorney to represent him,
the more likely he is to avoid being deceived or manipulated by the police or
other government authorities. You may benefit greatly to consult with an
attorney as soon as you become aware that the police or any other
government agency has made you a part of a criminal investigation. An
attorney can intervene with the police and either prevent an arrest or, if you are
going to be arrested, arrange for your surrender at a time and in a manner that
minimizes embarrassment to you or your family. Retaining a lawyer also
prevents the police from questioning you.
Do I need an attorney if I’m innocent?
People do get accused of committing crimes that they did not commit.
Specifically, people who may have committed one crime often get accused of
committing additional and more serious crimes that they did not commit.
Sadly, some are even convicted and sent to jail for crimes that they did not
commit. In this country, whether you did or did not commit the crime for which
you have been accused, you have a right to remain silent. Even if you are
innocent and have nothing to hide, it can be very beneficial to have an attorney
speak on your behalf. Like all people accused of committing a crime, innocent
defendants need zealous representation to ensure that their rights are
protected and that the truth prevails.
Do I need an attorney if I’m going to plead guilty?
If you committed the crime with which you have been charged and you decide
that you are going to plead guilty to committing that crime, you may still benefit
from the advice of an attorney. An attorney may assist you during the plea
bargaining process to ensure that you are not deceived or taken advantage of
by government attorneys. Having an attorney during your plea may minimize
the penalty you would otherwise face.
Bail is not a fine. Nor is it a punishment. Rather, bail is money or property a
defendant, or someone on behalf of a defendant, posts to have the defendant
released from custody pending the resolution of his case. Bail may also
include certain behavioral restrictions; for example, no contact with the alleged
victim in the case. The money or property is held by the Court to ensure that
the defendant will return for his scheduled court dates. If the defendant shows
up for his court dates, the bail (minus a processing fee taken by the clerk) will
be returned at the end of the case, even if the defendant is convicted and sent
to prison. On the other hand, if the defendant does not show up for court, the
bail will be forfeited and will not be returned. A judge will set the amount of the
bail after considering different factors, such as the following:
• Risk of the defendant fleeing the jurisdiction to avoid prosecution;
• Defendant’s ties to the community, such as family or a steady job;
• Type of crime alleged to have been committed by the defendant;
• Dangerousness of the defendant to others or to himself; and
• Safety of the community to which the defendant will be released.
Sometimes a judge releases a defendant on his own recognizance (without a
payment of money or property), solely on the promise that he will appear for all
his scheduled court dates. Other times, a judge will not release a defendant
and will place a hold on his bail, which means that the defendant is not
allowed to post bail to be released from custody. A judge may do this after
learning that the defendant is currently out on parole and may have violated his
parole by picking up a new case.
informational guidelines, and are not intended to, and do not, constitute legal advice to
the reader. The FAQ's are not intended to, nor designed to, advise the reader on any
particular course of action, nor are they intended to create an attorney-client relationship
between the reader and Michael Finn. The reader is advised to consult his attorney for
legal advice regarding his specific facts and circumstances. The information presented
here is based upon the best available information at the time of posting. Michael Finn
does not assume any liability pertaining to the accuracy of the information presented.
Readers are advised to verify information they intend to rely upon.
