When Should I Hire a Criminal Defense Lawyer?
If you have been arrested, charged with a crime, or contacted by law enforcement about a potential criminal investigation, you may be wondering: When should I hire a criminal defense lawyer?
The short answer is: as early as possible.
You do not necessarily have to wait until you are formally charged or have a court date to speak with a criminal defense attorney. In some situations, consulting with a lawyer before making statements to law enforcement or making decisions about your case can be important.
At Robert W Legal, Ohio criminal defense attorney Robert Wisniewski represents individuals facing criminal charges and helps clients understand their rights and legal options throughout the criminal process.
Do I Need a Criminal Defense Lawyer?
Not every criminal case requires the same type of legal representation. The seriousness of the charge, your criminal history, the potential penalties, the facts of the case, and the consequences of a conviction can all affect whether you should hire a lawyer.
As a general matter, you should consider speaking with a criminal defense attorney if:
You have been arrested.
You have been charged with a misdemeanor or felony.
You have received a summons or notice to appear in court.
You have been contacted by police about an investigation.
You have been told that you are a suspect in a criminal investigation.
You have received a subpoena.
You have an outstanding warrant.
You have missed a criminal court date.
You are facing a probation violation.
You are being investigated for a crime but have not yet been charged.
You are concerned that a criminal charge could affect your employment, professional license, driving privileges, or other important interests.
Even when the charge seems relatively minor, it is worth understanding the potential consequences before deciding how to proceed.
1. If You Have Been Arrested
One of the clearest situations in which you should contact a criminal defense lawyer is after an arrest.
Ohio law provides an arrested person with the right to communicate with an attorney. Ohio Revised Code § 2935.20 provides that after an arrest, detention, or other taking into custody, a person must be permitted facilities to communicate with an attorney of their choice.
An arrest does not mean that you have been convicted of a crime. You are still entitled to defend yourself against the allegations.
After an arrest, a criminal defense attorney can help you understand:
What charges you are facing
Whether you may be released from custody
What conditions may apply to your release
When you must appear in court
What evidence the prosecution may have
What defenses may be available
Whether there are potential problems with the arrest or evidence
What you should and should not say about the case
The decisions made during the early stages of a criminal case can affect what happens later. Getting legal advice early can help you avoid making unnecessary mistakes.
2. If Police Want to Question You
You do not have to wait until you are arrested to contact a criminal defense attorney.
Sometimes police contact a person because they are investigating a crime. You may be asked to come to the police station, answer questions, provide information, or give a statement.
If law enforcement wants to speak with you about a potential criminal investigation, consider speaking with a criminal defense lawyer before answering substantive questions.
A lawyer can help you understand the situation and determine how to respond.
Even if you believe you have done nothing wrong, you should not assume that speaking with investigators without legal advice is always in your best interest.
3. If You Have Been Charged With a Felony
Felony charges can carry serious consequences, including the possibility of incarceration and other long-term consequences following a conviction.
If you are facing a felony charge in Ohio, you should speak with a criminal defense attorney as soon as possible.
Ohio's criminal procedure rules provide defendants with important rights during the initial appearance and arraignment process, including the right to counsel. In felony cases, the rules also address the right to a preliminary hearing when applicable.
A felony case may involve multiple stages, including:
Arrest or investigation
Initial appearance
Preliminary hearing, when applicable
Arraignment
Discovery
Pretrial motions
Plea negotiations
Trial
Sentencing, if there is a conviction
Having an attorney involved early allows the lawyer to begin evaluating the case before important decisions have already been made.
4. If You Are Facing a Misdemeanor
You may be tempted to assume that you do not need an attorney because your charge is "only" a misdemeanor.
That can be a mistake.
Misdemeanor convictions can result in jail time, fines, probation or community control, license consequences, and other penalties depending on the offense and circumstances.
A misdemeanor conviction can also have consequences outside of the criminal courtroom.
Whether a particular charge is something you can reasonably handle on your own depends on the circumstances. Speaking with a criminal defense attorney can help you understand the potential consequences before you enter a plea or make other decisions about your case.
5. Before You Enter a Guilty or No-Contest Plea
You generally should understand the consequences of a plea before entering one.
Ohio's criminal rules require courts to advise unrepresented defendants of their right to counsel at arraignment, including the right to a reasonable continuance to obtain counsel. The rules also address the defendant's rights concerning guilty, not-guilty, and no-contest pleas.
A criminal defense attorney can review the allegations and evidence with you and explain your options.
Depending on the circumstances, those options may include:
Negotiating with the prosecution
Seeking dismissal of charges
Challenging evidence
Filing pretrial motions
Negotiating a plea
Preparing for trial
The appropriate strategy depends on the facts and law applicable to your particular case.
6. If You Have an Outstanding Warrant
If you believe there is a warrant for your arrest, do not simply ignore it.
Depending on the circumstances, an outstanding warrant can lead to an arrest during a traffic stop or another interaction with law enforcement.
A criminal defense attorney can help you determine what the warrant concerns and discuss what options may be available for addressing it.
If you believe you have a warrant, contacting an attorney before voluntarily appearing in court or otherwise taking action may allow you to better understand the process beforehand.
7. If You Have Been Charged With DUI or OVI
Ohio uses the term OVI (Operating a Vehicle Under the Influence) for offenses involving impaired operation of a vehicle.
If you have been arrested for OVI, you should consider contacting a criminal defense attorney promptly.
An OVI case can involve issues concerning:
Traffic stops
Field sobriety testing
Breath, blood, or urine testing
Chemical test results
License suspensions
Prior OVI convictions
Search and seizure
Whether police followed required procedures
The circumstances of every OVI case are different. An attorney can review the facts and determine whether there are legal or factual issues that may affect the case.
8. If You Are Charged With Domestic Violence
Domestic violence allegations can have consequences that extend beyond the criminal case itself.
Depending on the circumstances, a case may involve:
Criminal charges
Protection orders
Restrictions on contact
Potential jail or prison exposure
Probation or community control
Firearm-related consequences
Family-law proceedings
If you have been accused of domestic violence, it is important to understand the criminal case and any related orders before taking action.
9. If You Are Facing a Drug Crime
Drug possession, trafficking, and other drug-related offenses can carry significant consequences.
The potential outcome may depend on factors such as:
The substance involved
The amount involved
Where the alleged offense occurred
Whether there are prior convictions
How police obtained the evidence
Whether a search or seizure occurred
The specific offense charged
If your case involves evidence obtained during a search of your vehicle, home, person, or another location, an attorney can evaluate whether there are constitutional or procedural issues that may affect the admissibility of that evidence.
10. If You Are Being Investigated but Have Not Been Charged
You do not have to wait for an indictment or arrest before contacting a criminal defense attorney.
In some circumstances, a person learns that police are investigating them before any formal charge has been filed.
This is one of the situations in which obtaining legal advice early can be particularly important.
An attorney may be able to communicate with investigators or prosecutors on your behalf, advise you regarding potential interviews, and begin evaluating the circumstances surrounding the investigation.
There is no guarantee that hiring a lawyer before charges are filed will prevent charges from being brought. However, early legal advice can help you make informed decisions during an investigation.
What Happens When You Hire a Criminal Defense Lawyer?
The first step is generally to discuss what happened.
Robert Wisniewski can review the circumstances of your case, discuss the charges or investigation, and explain the potential legal options available to you.
Depending on the case, the attorney may:
Review police reports and other documents
Analyze the allegations and available evidence
Investigate the circumstances of the case
Identify potential legal issues
Evaluate possible defenses
Communicate with prosecutors
Negotiate when appropriate
File motions
Prepare for hearings
Prepare the case for trial when necessary
The appropriate approach depends on the individual facts of the case.
Should I Hire a Criminal Defense Lawyer Before My First Court Date?
In many situations, contacting an attorney before your first court appearance can be beneficial because it gives you an opportunity to understand the process before making important decisions.
Ohio's rules specifically recognize a defendant's right to counsel and, in appropriate circumstances, a reasonable continuance to obtain counsel.
If you have already received a court date, you should not assume that hiring an attorney means you can simply ignore that date. Until your attorney confirms otherwise, make sure you understand your obligations concerning any scheduled court appearance.
What If I Cannot Afford a Criminal Defense Lawyer?
If you cannot afford to hire a private attorney, you may have the right to appointed counsel depending on your circumstances and the type of case.
Ohio law provides for information about representation by a county public defender or assigned counsel for eligible accused persons.
If you are considering hiring a private criminal defense attorney, you can also ask about the attorney's fees and payment arrangements during your initial consultation.
Do Not Wait Until the Last Minute
One of the biggest reasons to contact a criminal defense lawyer early is simple: your attorney needs time to prepare.
Depending on the case, preparation may involve reviewing police reports, obtaining discovery, examining physical or electronic evidence, interviewing witnesses, researching legal issues, negotiating with prosecutors, filing motions, or preparing for trial.
The earlier an attorney becomes involved, the more time there may be to evaluate the case and determine an appropriate strategy.
Contact Robert W Legal
If you have been arrested, charged with a crime, or contacted by law enforcement about a potential criminal investigation in Ohio, Robert W Legal can help you understand your legal options.
Ohio criminal defense attorney Robert Wisniewski represents clients facing criminal charges and works to protect their rights throughout the criminal process.
You do not need to wait until your situation becomes more serious before seeking legal advice.
If you are facing a criminal charge or investigation in Ohio, contact Robert W Legal to discuss your case with an Ohio criminal defense attorney.
This article is for general informational purposes only and does not constitute legal advice. Every criminal case is different, and the law may change. If you are facing criminal charges or an investigation, consult an attorney about the specific facts of your situation.
