Criminal Lawyer Grand Rapids, MI
If you are ever arrested, a criminal lawyer Grand Rapids, MI clients depend on from Blanchard Law can tell you about your rights. However, sometimes these rights are violated by the arresting officer or during an interrogation. So, what happens if your rights are violated? The legal system is set up to protect citizens and give them every opportunity to prove their innocence. In many cases, charges will be dropped if your rights are violated. In other cases, it is a little more complicated. This guide will explain everything you need to know.
It is possible that all charges will be dropped with help of the lawyers at Blanchard Law if your rights are violated. But, this does not always happen and typically only occurs when there is a severe violation that prevents a trial from proceeding. For example, if an individual is denied the basic human right of medical treatment while in jail and receives serious injuries as a result, all charges may be dropped.
Most of the time, failure to respect an individual’s rights simply results in certain measures being taken. For example, one of the most basic parts of the Miranda warning is that you must be told when everything you say is officially on the record. The part of the Miranda warning dealing with this is, “Everything you say can and will be used against you in a court of law.”
If this is not read to you, a criminal lawyer Grand Rapids, MI clients confide in, may conclude that your rights have been violated. Rather than charges being dropped, it may be that nothing you said can be used as evidence in a court. This may result in the prosecution failing, but not necessarily. Additionally, you have the right to remain silent. If you choose to invoke this right, but questioning continues, your rights may have been violated. Again, anything you say after invoking your right to remain silent cannot be used against you in court.
As we may inform you, the Miranda warning grants every individual three rights that must be respected
- You do not need to speak if you wish to remain silent.
- You have the right to know when your words are officially on the record.
- You can receive legal representation, even if you cannot afford it yourself.
Even if the Miranda warning is not read to you, you still receive these rights. Nothing a police officer says, neglects to say, or does can remove any of these rights. If any of your rights have been violated, you should contact us at Blanchard Law immediately so the proper steps can be taken.
Representing Yourself in a Criminal Court
Are you wondering whether or not you should represent yourself in a criminal court (also known as pro se)? This is a common concern, especially as legal costs increase throughout the United States. Should you represent yourself? The reality to this is contacting Blanchard Law, a criminal lawyer Grand Rapids, MI residents recommend can help reduce the unknown when facing criminal charges.
Call a Criminal Lawyer First
Even if you are hard pressed on representing yourself, it may be a good idea to at least seek advice from a criminal lawyer before doing anything else. These lawyers tend to provide free or low cost consultations, and realistically, you don’t have much to lose. The right lawyer might explain some of the litigation process, potential claims, and defenses for your case. You may also learn about various obstacles that you could face and how to overcome them. Bear in mind, it’s not uncommon for our lawyers to offer payment plans, reduced fees, and in very specific cases contingency fees. If you believe this is at all possible, it may be worth considering.
Factors to Consider
Before you commit to representing yourself in criminal court, consider the following:
Is Your Case Complicated?
The more complex your case is, the more obstacles you will likely face. We may suggest that you take the time to consider how complicated your case is. This can be difficult to do alone, which is why speaking with a legal professional may be key. In truth, this is difficult to quantify without knowing the facts and details. Even if your case seems relatively simple, things can quickly take an unexpected turn. Legal issues, such as witnesses, uncooperative parties, or a harsh prosecutor might come into play.
What is the Case About?
Does your criminal case involve any complicated subject matters? If so, you will need to understand the legal standards for proving your defense, and also any technical concepts that might apply. Your criminal lawyer Grand Rapids, MI residents trust wants you to know that legal experience is necessary for drug charges, assault and battery charges, professional negligence, intellectual property breaches, and certain liability cases.
Do You Have the Time?
If you are lucky, your case will be fast and resolved with ease. However, many criminal cases will take several months, even years, to come to a final ruling. If you plan on representing yourself rather than hiring a lawyer, you will need to invest your own time. Some examples of where your time will be needed include:
- Attending conferences, hearings, depositions, and trials.
- Gathering and interviewing witnesses.
- Gathering evidence that supports your defense.
- Researching the laws and rules pertaining to your jurisdiction.
- Preparing for briefs and motions, and opposing them when necessary.
- Going through the discovery process.
Time is money. Although you might be saving money on your lawyers’ fees by representing yourself, all of your time is valuable. Additionally, representing yourself can be incredibly risky. Before you choose not to have a criminal lawyer Grand Rapids, MI residents rely on for help with your case, you should ask yourself what you will lose by dedicating your time to your case? If you are incarcerated while you wait for your court hearing or trial, representing yourself may be even more difficult because your resources will be limited.
Think Carefully Before You Choose to Represent Yourself
Apart from the above considerations, you should also know that there is an ample amount of pressure in criminal cases. If you do not thrive under pressure, and are not prepared to lose your case, you should strongly consider having a criminal lawyer from Blanchard Law by your side.
Protect Yourself By Hiring An Attorney For a Probation Violation
It is in the best interest of those who have violated their probation to get help from an attorney at Blanchard Law right away. By having a lawyer, we can mitigate the potential damage of your violation, increasing your chances of avoiding the most severe repercussions. If you or someone you love recently violated their probation, we do not advise handling this without professional legal guidance. Sometimes people underestimate the impact that a probation violation can have on their future, and later regret not getting help from an attorney.
The Probation Violation Hearing
It is important to understand that when attending a probation violation hearing, the prosecution doesn’t have to prove beyond a reasonable doubt that you breached a condition of your probation. So, it is imperative that you have an attorney to protect you during this hearing. Otherwise, the judge may be quick to penalize you to the fullest extent. A criminal lawyer Grand Rapids, MI clients trust can work to prove the allegations against you as false, with the goal of convincing the judge to let you remain on probation without further repercussions. Without an attorney and a bit of strategy, it can be difficult for a person to refute the charges against them.
Honesty and Transparency
If you did violate the terms of your probation, depending on the nature of the breach, a criminal lawyer Grand Rapids, MI clients depend on may recommend a few different approaches that you can take during the hearing. It may be best to admit that the violation happened, and give an honest explanation as to why. Perhaps there was an emergency situation that happened, which caused you to miss your routine check-ins with your probation officer. Your attorney can explain these circumstances to the judge and show evidence that you did not violate the terms of your probation due to carelessness.
When meeting with a member of our legal team, it is best that you are completely transparent with what you are going through and what happened. If we do not know all the facts, then we cannot fully protect you or develop a strategy to avoid jail time. We have to know everything that the prosecution does, and more.
Consequences For a Probation Violation
Those who are found guilty in violation of their probation, may be required to show up in court to determine if an action did in fact breach a condition of the probation, and what consequences should be enforced. As a criminal lawyer Grand Rapids, MI residents can depend on may discuss with you, the judge may impose the following sentences:
- You continue your probation under the exact same terms
- Your probation is changed and you must abide by additional terms/restrictions
- Your probation is extended for years
- The judge finds you in contempt and requires you to serve up to 30 days in jail
- The judge revokes your probation and imposes a jail sentence
Don’t battle this alone, and please take this probation violation seriously. Contact a criminal lawyer Grand Rapids, MI clients trust today for more information about how Blanchard Law can protect you.