Estimated reading time: 7 minutes
If you’ve never had to consider the question, “Do I need a criminal lawyer?,” that is good luck. Neither you, nor anyone close to you has had a problem with police or prosecutors. But live long enough; and it could happen. Being innocent, alone, isn’t enough. No one expects to be a police target, an arrest or criminal charge. And nobody thinks they will need a criminal lawyer someday.
“Should I retain a defense attorney?”
We just don’t expect it. We are taken by surprise, initially. So when something happens – how do you know whether you need to retain a criminal defense attorney? This is a Frequently Asked Criminal Law Question.
What is Value of Keeping Your Record Clean?
- Without a public criminal record, your possible future employers won’t see a conviction.
- Certain convictions can result in loss of civil rights, like voting and firearms rights;
- In the event of a conviction, you could be disqualified from some occupational licenses.
- Removal and deportation; denial of naturalization; other immigration law consequences;
- Loss of student financial aid; offender registration, and other consequences.
For many, the largest, quantifiable impact will be to future income-stream, due to pre-employment background checks.
So, do you need a criminal lawyer to help avoid these consequences?
Can conviction affect future income-stream?
If you assume a person is age 26 and will work until 66, that is 40 years. Then multiply 40 years times a conservative $10,000 estimated reduction in annual income due to a conviction. That would amount to $400,000. And at eight percent interest, that’s over one million dollars in lost income by age 66.
We’ve seen a $45,000 per year reduction in income for a client, while an expungement petition was pending in court. So the real number could be in the several millions of dollars, depending upon your career path.
Getting out of jail after arrest
A Defense Attorney can help you get your loved one out of jail, after an arrest, before trial. For a more in depth look, see our How to Get Out of Jail After Arrest – Tips for Getting Her Out.
We all enjoy the presumption of innocence when someone makes claims about us. So we should not be held in jail for someone’s unproven claim. If arrested on probable cause and booked into jail, we have the right to a pre-trial release (bail) hearing.
And we have the right to defense counsel at that hearing before a judge. If you’re in this situation, call Attorney Thomas Gallagher, for help.
Is Prison or Jail Likely, if Convicted?
If charged with a serious criminal offense, you may face a threat of jail or even prison time. And even for minor crimes, jail can be a real threat, especially where a person has prior convictions. But judges rarely execute the statute’s maximum incarceration term.
For felonies, the Minnesota Sentencing Guidelines determine the presumptive sentence. It’s based on the “severity level” of the offense of conviction, and “criminal history score.” And though the Court can order “upwardly or downwardly depart,” the presumptive sentence is a good starting point.
Then, we also look for any mandatory minimum sentencing statutes. They can be severe; and longer than the presumptive guidelines sentence. So we must be aware of them, early on.
In non-felony, misdemeanor cases, up to one year in jail can be possible in Minnesota state court.
Do you need a criminal lawyer? It is vital to consult a criminal defense lawyer to discuss these factors.
If a case impacts your life, you need a criminal lawyer
For many reasons, we want to:
So it’s simple. If the case could have a serious impact, then you should have a good lawyer’s help to protect you. And after all, the government has its paid lawyers. So should you.
You and your family are worth more than the quantifiable cost of having a conviction, or of an incarceration term. A good criminal lawyer can help protect your future, your freedom, and your future income earning potential.
Protect your good name while you can – before it’s too late, before any guilty plea.
Why are ethics so important?
A good criminal defense should be an advocate for you, your cause and your interests. You need a criminal lawyer who is loyal to you and your interests. Where there is a conflict of interest, the lawyer’s ethical duty is to favor the client’s interest. The profession and the courts regulate some situations where such a conflict can arise.
Questions that could raise a potential conflict of interest between a lawyer and client (or potential client):
- “Should I hire a lawyer?”
- “Why you, as opposed to another criminal lawyer?”
- “What is an appropriate fee?”
It is difficult to quote a flat fee without basic information about a case. We should review the Complaint, along with a deeper discussion of client goals, defenses, and legal challenges.
But, try to see if the lawyer places your interests ahead of their own. If they do, they’re more likely to be an ethical lawyer, loyal to you, worthy of your trust and faith.
Proportionate response
Once you decide you need a criminal lawyer, how much lawyer should you bring to the fight? Look to what is at stake.
On the extremes, who would face a murder charge without the best, and the most, lawyer they could afford? But, with less at stake, many will deal with a speeding ticket without a lawyer. Still, some will hire a good lawyer to fight their speeding ticket, but the cost will be relatively low. So, we have a continuum.
The lawyering power you bring to bear, should be proportionate to what is at stake, in two ways:
- Which lawyer
- How much lawyer
Which lawyer you choose makes a big difference. So choose the best defense attorney you can find.
Need a criminal lawyer? “Luck is the residue of hard work”
Once you’ve found the best, how much time and effort do you need a criminal lawyer to devote to your case? As much as possible. The lawyer will be able to spend more time on cases where the fee is higher. So know that the fee paid relates to the lawyer’s ability to spend time working on the case. Too low a fee is a red flag. Hence the saying, “No one can afford a cheap lawyer.”
A smart lawyer, working hard on your case leads to the best possible outcome.
FAQ: “When do I need a lawyer?”
If you need a criminal defense lawyer to help defend against a charge, when do you need to get one? In general, the sooner the better. Why? Because informed choices made early on, can have a disproportionately large impact on what happens next, and so on. And that can make the difference between the most favorable possible outcome and a less favorable outcome.
But a person facing charges should definitely have a defense attorney representing them no later than the First Appearance in court, sometimes called the “Arraignment.” For more on that see my article: Arraignment | Rule 5 Appearance.
Question? Call Attorney Thomas Gallagher, 612 333-1500
Attorney Thomas Gallagher has helped his clients win for over 35 years. A recognized expert in criminal law, he often teaches Continuing Legal Education classes to other lawyers and judges. And he often helps news reporters with background and commentary on events.
Other lawyers rate him one of the best criminal lawyers in Minnesota. And look at those five-star online reviews.
More: need a criminal lawyer
Police Investigation & initial contact
Jesus as Defense Lawyer: The Woman Accused of Adultery
Pretrial Conference | Rule 8 Appearance
Blog: Pre-trial Motions Resulting in Dismissal
About Criminal Attorney Thomas Gallagher