Facing criminal charges as a parent is extra stressful. Not only are you concerned about your future, but you’re probably worrying about how everything will impact your kids’ lives. Whether it’s missing school, emotional stress, having to live with a family member for a while, or talk amongst their peers, your legal battle is likely to have consequences for your kids.
If you go to court without a lawyer, those consequences get deeper. It’s not just your freedom at stake – it’s your kids’ stability, too. And if you go to court without solid legal guidance, you’re risking a lot. Here’s why having a criminal defense lawyer isn’t optional.
1. The criminal justice system isn’t straightforward
You’ve probably heard the phrase “you don’t know what you don’t know,” and that’s applicable when you’re facing criminal charges. For example, many people think it’s easier to plead guilty because they believe it will get things over with faster – especially if they aren’t innocent – but that’s asking for trouble.
Whether you actually committed the crime or not doesn’t matter. Pleading not guilty isn’t just a declaration of innocence. It’s the only doorway that can lead to a potentially softer outcome. For example, a not guilty plea can help you get a plea bargain where you’ll plead guilty to lesser charges in exchange for a lighter sentence and reduced fines. Pleading not guilty can be the difference between spending five years in jail or just one. It can also lead to getting your case dropped. That won’t likely happen with a guilty plea.
Now imagine how spending one year in jail will affect your kids. That’s a long time, but it’s much better than five years. You can’t predict the outcome of your case, but a skilled attorney can help you make the right choices that will lead to the best possible outcome.
2. You’ll struggle to hold police accountable
Having a lawyer means being able to hold law enforcement accountable in ways that require a full understanding of the law. Lawyers are trained to spot unconstitutional searches, coerced confessions, and flaws in tactics like lineups. They’ll challenge everything they possibly can.
A criminal defense attorney will ensure police and prosecutors turn over evidence that can help your case. If they don’t get it, they’ll push back. Thanks to the U.S. Supreme Court’s ruling in Brady v. Maryland, this type of withholding is illegal. For example, they can’t hide a record or report that supports your innocence, physical evidence that questions your guilt, information that can cast doubt on a witness’ testimony, information that discredits a victim’s story, evidence of police misconduct, or proof that someone else committed the crime.
Facing charges on your own makes it nearly impossible to fight for your rights. While it’s your legal right to represent yourself, winning a case requires legal knowledge and experience in the courtroom.
3. Statistics are better for individuals with legal representation
Defendants get better case outcomes when they have a lawyer, especially when the charges are serious. While it’s not hard to win in small claims court where lawyers aren’t allowed, criminal charges are another matter. Most who choose self-representation (pro se) lose their case because they lack procedural and legal knowledge. It’s not just about memorizing laws and statutes. For instance, one study out of California showed 56% of pro se defendants don’t survive a preliminary motion to dismiss.
By choosing not to have a lawyer, you’re putting yourself and your kids in a risky position. Your kids will already experience trauma from watching you go through your ordeal. The last thing you want is for them to watch you get sent to jail when a lawyer can help you avoid incarceration.
4. Going to trial isn’t as helpful as it seems
Many people believe they’d be found not guilty when facing a jury, but the reality is much harsher. Going to trial is often a losing bet. Studies have shown that juries aren’t as unbiased as they seem, especially when violent charges are involved. Many people naturally trust police testimony and assume you wouldn’t be in court if you didn’t at least do something. Worse, many jurors are easily pushed to convict based on the way prosecutors appeal to emotion.
Don’t take a chance with your freedom
A skilled criminal defense lawyer will protect your rights in a way you can’t achieve on your own. The outcome of your case is likely to hit your kids harder than it will hit you, so don’t risk their future by facing the system alone.
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