The Importance of Experience in a Criminal Defense Attorney

Feb 28, 2020 by

If you’ve been charged with a crime, you’ve probably heard how important it is that you hire a criminal defense attorney. This advice could not be any truer. Hiring a criminal defense attorney is your best chance at having the cases brought against you dropped or significantly reduced. 

What many people do not talk about, however, is how important it is to hire a criminal defense attorney with years of experience under their belt. The more experienced an attorney is, the more likely you are to see the results that you are looking for. Read about why having an experienced criminal defense attorney is so important down below.

Relationship with Prosecutors. Despite popular belief, most criminal trials do not end up making their way to trial. Rather, most criminal cases are dealt with through the bargaining process between prosecutors and defense attorneys. The more experience your criminal defense attorney has, the more likely they have cultivated a respectful working relationship with the prosecutors at the district attorney’s office. This working relationship will allow them to more easily strike a deal that helps you avoid stiff penalties.

Explanatory Ability. Criminal cases are a big deal — if you are convicted, you could be sent to jail for years and be forced to pay thousands of dollars in fines. With a criminal record, you could find it difficult to find housing and employment after your release. In short, your reputation could be completely tarnished.

Because the case can have such an impact on your future, it is important that you are kept up to date at each stage of your case. You never want to be left in the dark about what is happening. After all, if you’re paying someone, you deserve frequent communication about what is going on. An experienced criminal defense attorney understands this, and he or she will have the skills needed to explain what is going on in your case in an easy to understand manner because they have likely explained the same exact things for years during their career. You’ll never be confused about what is going on and will always know what is happening next. 

They’ve Seen it All. Experienced criminal defense attorneys have seen it all. They’ve represented clients who have committed some of the worst crimes imaginable, and you telling them about the details of a petty shoplifting crime isn’t going to phase them. Therefore, you may feel more comfortable divulging the information pertaining to your crime to an experienced attorney rather than a lawyer straight out of law school. 

And because experienced attorneys have seen it all, they know what defenses work and don’t work in court. While they will be sure to treat each and every case they take as unique, they have a working knowledge of how juries in your area operate and how to argue the case if it ever makes it to court.

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Perjury

Jan 25, 2014 by

Convictions carry heavy weight, therefore committing perjury is considered a federal crime. Perjury is an offence against the law where the person deliberately gives false or untrue statements while under oath and at the time of a judicial hearing. Giving false testimony can have serious effects on the outcome of a trial, therefore in the United States it is treated as a serious felony offence. A person caught and proven to have committed perjury can be given up to five years of prison sentence, a hefty fine, or both.

There are basic sets of factors that the state should prove in order to justify that a person has committed perjury. First, while under oath, the person has given a false statement. Second, that the falsified statement should be relevant to the trail. And third, the person should have a specific motive or intent to give the false statement. If a judge has determined that a defendant (who is later convicted) has given a false testimony, the judge has the right to enforce sentencing enhancements. This means the defendant’s sentence can be increased.

Even while not under oath, a person can still be charged with perjury, specifically if they signed and submit documents that are “under penalty of perjury”. Income tax returns, loan applications, and even applying for driver’s license can put a person in danger of perjury if they give false information.

Many people undermine the consequences of committing perjury, even while at court hearings. In the same regard, subornation of perjury (where another person is forced to give a false statement by another person) is also a separate crime and is also punishable by law. Another variation, the false swearing, is also a felony. False swearing happens when a false statement is given while under oath, but it was given while not being in an official hearing. Both of them are punishable by fines, jail time, or possibly both.

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