Debunking 7 Common Myths About Criminal Defense Attorneys

Top Misconceptions about Criminal Lawyers

If you’re facing criminal charges for the first time, you probably have little or no experience with criminal lawyers. You may never even have met a defense attorney. If that’s the case, you may have the wrong idea. Misconceptions about criminal defense attorneys may come from television and movies, from well-meaning friends, and from one-off news stories or shared experiences. 

Those myths can prevent a person from talking to a criminal defense attorney when they need to. Here’s what you need to know about those common misconceptions and how an Augusta criminal defense attorney can help you. 

Myth #1: You don’t need a defense lawyer if you’re innocent

Debunked: Many people mistakenly believe that criminal lawyers are for the guilty, and there’s no need to get legal help if you’re innocent. Unfortunately, a great many innocent people have been convicted of crimes, in Georgia and throughout the country. The Georgia Innocence Project reports that an estimated 4-6% of people incarcerated in the United States are actually innocent. An experienced defense attorney can protect you from missteps and pursue defense strategies you may not know how to manage, such as seeking to suppress evidence. 

Myth #2: You don’t need a lawyer for a misdemeanor

Debunked: It’s true that misdemeanor charges aren’t as serious as felonies, but that doesn’t mean you can afford to take them lightly. Many misdemeanors carry possible sentences of up to a year in jail, as well as fines, restrictive probation, and other possible consequences. And there’s no simplified “small claims court” for lesser criminal charges. Effectively defending against a misdemeanor charge requires the same knowledge of law and criminal court procedures as fighting a felony charge.

Myth #3: You don’t need a criminal defense attorney if you’re pleading guilty

Debunked: If you’re planning to plead guilty to a crime in Augusta, you want to make sure you’re getting the best deal possible. You also want to be sure that you aren’t overlooking a flaw in the case against you that might result in dismissal. And, you’ll need to know all of the ramifications of the plea you’re entering — often they go beyond the court-ordered consequences. An experienced criminal defense attorney may be able to help you avoid an unnecessary conviction or negotiate a much more favorable plea agreement.

Myth #4: Criminal lawyers work outside the law

Debunked: Criminal defense attorneys fight for people charged with crimes, even when they know those people are guilty. But, that doesn’t mean they’re dishonest or manipulating the facts or law. It’s the prosecution’s job to prove every element of the crime beyond a reasonable doubt, and the defense lawyer’s job to protect the defendant’s rights and hold the prosecutor to that burden. An ethical criminal defense lawyer takes that responsibility seriously while also adhering to the Rules of Professional Conduct, the judge’s orders, procedural rules, and substantive law. 

Myth #5: Any lawyer can defend you in a criminal case. 

Debunked: It’s technically true that any attorney can legally represent a criminal defendant. However, the lawyer who handled your mom’s estate or your brother’s divorce may not have the level of knowledge of criminal law and the differing criminal court procedures necessary to provide the best defense. You will want to work with a defense attorney who has extensive experience with cases like yours, and who is familiar with the local criminal court system and its procedural rules. You can take advantage of a free consultation to learn more about whether a criminal defense lawyer is the right fit for your case.

Myth #6: The right criminal defense attorney can guarantee you a win

Debunked: When you’re choosing a defense lawyer, it’s important to consider the attorney’s experience and the outcomes of past similar cases. But it’s equally important to recognize that your lawyer can’t make guarantees about the outcome of your case. In fact, lawyers are ethically prohibited from making that type of representation. An experienced lawyer can tell you the strengths and weaknesses of your case and explain your options for moving forward. They can also share their experiences with cases like yours. But there are no guarantees. 

Myth #7: Most people can’t afford a criminal defense lawyer

Debunked: The cost of a criminal defense attorney depends on a wide range of factors, including location, the attorney’s experience, and qualifications, the charges you’re facing, how complex your case is, whether the case goes to trial, and more. You shouldn’t assume you can’t afford legal representation. Some criminal lawyers in Augusta, GA, including J. Todd Mitchell, offer free consultations to help people who have been charged with crimes make informed decisions about how to move forward. If you truly can’t afford legal representation, you may be eligible for a public defender. 

Talk to an Augusta Criminal Defense Attorney Today

The best way to find out the truth about criminal defense lawyers and how a defense attorney can help your case is to meet with one. As an experienced defense attorney, I know how important it is for people facing criminal charges to get reliable advice as soon as possible—before they make decisions that could make it harder to fight the charges against them. 

That’s why I offer free consultations to people who have been charged with crimes or are under investigation in and around Augusta. You can schedule yours right now by calling (706) 750-0501 or filling out our contact form online.