When many people think of the reason for hiring a criminal defense attorney they assume that need arises from the fact that the accused is actually innocent. While innocent people certainly are wrongly accused of crimes, a good percentage of those accused of a crime are, in fact, guilty. The fact that you are guilty, however, does not mean you don’t need an attorney to represent you. On the contrary, there are several reasons why you should retain the services of an experienced criminal defense attorney. One of the most common reasons to hire an experienced criminal attorney is to avoid, or at least reduce, a jail sentence.
If You Are Innocent – You Need a Good Criminal Defense Attorney
It goes without saying that if you have been accused of a criminal offense that you did not commit, you need a good criminal defense attorney on your side. In that case, your criminal defense attorney’s job will focus primarily on poking holes in the State’s case against you and even launching a defense that includes another theory or another suspect, in some cases.
If You Are Guilty – You Need a Good Criminal Attorney Too
If you have been accused of a criminal offense that you did commit, your need for an experienced criminal defense attorney is equally as great, if not greater. Whether you are guilty or not, as an accused you have rights guaranteed to you by the U.S. Constitution. One of the primary functions of a criminal defense attorney is to ensure that those rights are protected. Another job of a criminal defense attorney is to make sure that you are not convicted without the State proving your guilt beyond a reasonable doubt. Finally, a criminal attorney’s job also includes minimizing the damage – in other words, negotiating, or arguing, for the most favorable sentence possible if you are convicted of a crime.
How Can a Criminal Attorney Help You Avoid Jail?
No criminal attorney can promise you that you will not go to jail; however, with an experienced defense attorney on your side you are undoubtedly less likely to go to jail than if you did not have that attorney fighting for you. Regardless of your guilt or innocence, a criminal attorney will first try and avoid a conviction by pointing out the flaws in the State’s case against you and/or presenting an excellent defense. It might be, for example, that the police executed an illegal search and seizure that produced the most damaging evidence against you. If your attorney can get the search and seizure declared illegal, that evidence won’t be admissible at trial which will, most likely, lead to your acquittal. If avoiding a conviction isn’t possible, your criminal attorney will switch to “damage control.” If you went to trial and lost, this means presenting the best argument possible at your sentencing for a lenient sentence that does not include jail time. Your attorney might even have mitigating circumstances to present to the judge that will sway the judge to go easy on you at your sentencing. If you decided to enter into a guilty plea agreement instead of taking your chances at a trial, your defense attorney will work hard to negotiate the most favorable terms possible for the agreement – terms that do not include jail time or that include the least amount of jail time possible.
An Experienced Tennessee Criminal Attorney Is Your Best Chance
The bottom line is that whether you are guilty or not, your best chance of staying out of jail is to have an experienced Tennessee criminal defense attorney on your side throughout the prosecution of your case.
If you have been charged with a criminal offense in the State of Tennessee, it is in your best interest to consult with the experienced Tennessee criminal defense attorneys at Bennett, Michael & Hornsby. Contact the team today by calling 615-898-1560 to schedule your appointment.