When Should I Hire A Criminal Defense Lawyer? Whether it’s a traffic ticket or a serious criminal charge, facing legal trouble is stressful. The question is: Should you hire a criminal defense lawyer? The answer can mean the difference between freedom or jail time, low fines or expensive penalties. In almost all cases, any time you are charged with, accused of, or under investigation for a crime, you should look to hire a criminal defense lawyer immediately.
In this blog, we’ll examine when and why to hire a lawyer, and what happens when you don’t. Need help choosing a criminal defense lawyer? You can download a copy of our free ebook below, or read it free on our website here.
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How to Choose a Criminal Defense Lawyer
Charged with a crime? The lawyer you hire matters. Combs Waterkotte, recognized for top-tier criminal defense in Missouri, created this guide to help you find the right attorney. Learn what to look for, key questions to ask, and red flags to avoid.
When Should You Hire a Criminal Defense Lawyer?
If you are facing criminal charges, you should never go to court unrepresented. Even a seemingly minor offense can have legal, financial, and personal consequences. Hiring an experienced criminal defense lawyer is essential in the following situations:
1. If You Have Been Arrested
From the moment of your arrest, everything you say and do can be used against you. Having a lawyer present ensures that:
- You do not accidentally incriminate yourself.
- The police follow proper procedures and respect your rights.
- Your legal team can immediately start building a defense.
- You can likely get out of jail sooner at a lower bail amount.
Without an attorney, you are at a severe disadvantage from the start.
2. If You Are Charged with a Felony
Felony charges carry the harshest penalties, including years in prison, steep fines, and in many cases a permanent criminal record. If you are accused of crimes such as drug trafficking, violent crimes, white-collar offenses, or sex offenses, you need an aggressive legal defense.
Felony convictions can also lead to loss of voting rights, restrictions on firearm ownership, and difficulty finding employment or housing.
3. If You Are Charged with a Misdemeanor
Never assume that a misdemeanor charge is minor enough to handle on your own. Even the lowest-level misdemeanor can result in jail time, expensive fines, probation, and a criminal record that can impact your employment, housing, and future opportunities.
Common misdemeanors where legal representation is critical include:
- DUI/DWI
- Assault (4th degree)
- Petty theft
- Drug possession
- Resisting arrest
- Domestic violence (4th degree)
- Vandalism
- Driving with a suspended license
Many people make the mistake of thinking a misdemeanor is “not a big deal” until they face harsh penalties they didn’t expect. Prosecutors often push for the maximum sentence, especially against unrepresented defendants. A skilled attorney can:
- Get charges reduced or dismissed.
- Negotiate a plea deal to avoid jail time.
- Work to keep your record clean.
- Challenge weak evidence or procedural violations.
No matter the charge, you should never face a prosecutor alone. A misdemeanor conviction can have serious long-term consequences, and having a defense lawyer can make all the difference in the outcome of your case.
4. If You Have a Warrant for Your Arrest
Learning that a warrant has been issued for your arrest can be overwhelming. Instead of waiting for law enforcement to find and arrest you, a lawyer can:
- Confirm whether a warrant exists.
- Negotiate the terms of your surrender to avoid an unexpected arrest.
- Work to have the warrant quashed (canceled) or reach an alternative agreement with a judge.
5. If You Are Under Investigation
If law enforcement has contacted you for questioning, it means you are already a suspect. Do not assume that answering their questions will clear things up—the police are not on your side, and are legally allowed to lie to you during questioning. Instead, you should:
- Decline to answer questions without legal counsel present.
- Hire an attorney immediately to handle all communication with investigators.
Many criminal cases begin with an investigation, and what you say early on can determine whether charges are filed.
6. If You Are Facing License Suspension or Professional Consequences
Certain offenses can lead to disciplinary actions beyond the courtroom. If you hold a professional license—such as a doctor, nurse, teacher, or lawyer—a conviction could mean losing your career. Criminal defense lawyers can help mitigate these risks.
7. If You Want to Avoid a Criminal Record
Even for minor offenses, having a permanent criminal record can make it difficult to:
- Get a job
- Rent an apartment
- Apply for loans
Experienced attorneys can often negotiate a plea bargain, alternative sentencing, or even a dismissal to keep your record clean.
Why Hire a Criminal Defense Lawyer?
Whether you are facing minor charges or serious felonies, you should never step into a courtroom without experienced legal representation. Main reasons to hire a lawyer include:
- Legal Strategy – A defense strategy is a crucial component in a criminal defense case. To get from point A to point B a good criminal defense attorney will assess all the components of the case and create a strategy that produces the outcomes you expect at the end of the case. That includes evaluating all the evidence the prosecutor has, where the case is being processed, the defendant’s criminal history, and other variables like the judges and the prosecutors.
- Legal Knowledge – A good criminal lawyer knows the law inside and out. They have the experience and education that allows them to find loopholes or opportunities in the law that could help you in your case. They know how the courts work and how to make the legal process work for you. They know the prosecutors and the judges well and know how to communicate and negotiate on your behalf. Going into court on your own is a bad idea because you’ll get lost in the procedural aspects of most courthouses.
- Minimizing Your Fines and Punishment – Most cases end when the prosecutors offer a plea deal and that typically includes fines and punishment. Having a criminal defense lawyer on your side will help with negotiating the terms of your plea arrangement. Most prosecutors are willing to listen to another lawyer about your case and work with that lawyer on a fair set of terms to your deal. Without one, you will likely get the standard set of fines and jail time and is most cases the fines are heavy and jail time is long.
- Protection From Law Enforcement – Are the police harassing you constantly? Are they asking questions that you don’t want to answer? A criminal defense attorney can help you deal with cops that are trying to jam you up. Having this barrier can sometimes help you avoid incriminating yourself on another charge. You might think that by answering the questions you will get some leniency on the charges your facing, but that’s not always the case.
- Access To Resources and Information – Criminal lawyers know where to go to get the necessary information or resources to successfully defend you in a criminal case. Some cases might require a private investigator or expert witnesses. Other cases might just require access to the police report and witness statements filed in your case. Lawyers have the ability to find the information or the resources and put them to work for you.
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How a Criminal Defense Attorney Can Protect Your Rights and Future
Combs Waterkotte has over 50 years of experience and over 10,000 cases handled. This ebook helps guide you through the criminal defense process and how an experienced, skilled defense attorney can keep your freedoms intact.
The Rights That a Criminal Defense Lawyer Can Help You Protect
The U.S. Constitution guarantees certain rights to anyone accused of a crime. Under the 5th Amendment and 14th Amendment, you have the right to procedural due process, meaning your case must follow fair legal procedures.
In a criminal case, your key due process rights include:
- The right to remain silent – You cannot be forced to testify against yourself (5th Amendment).
- The right to legal representation – You have the right to hire a criminal defense lawyer or be assigned one if you cannot afford one (6th Amendment).
- The right to a fair and speedy trial – Your case must be heard in a timely manner, and you cannot be held indefinitely without charges (6th Amendment).
- The right to be informed of charges – You must be told what crimes you are being accused of (6th Amendment).
- The right to confront witnesses – You can cross-examine witnesses who testify against you (6th Amendment).
- The right to present a defense – You can introduce evidence and call witnesses in your defense.
- The right to be free from unlawful searches and seizures – Evidence obtained illegally cannot be used against you (4th Amendment).
- The presumption of innocence – You are considered innocent until proven guilty beyond a reasonable doubt.
These rights exist to protect you from unfair treatment in the criminal justice system. However, asserting them effectively requires the assistance of a skilled criminal defense attorney.
What Happens If You Don’t Hire a Criminal Defense Lawyer?
Many people think they can handle a criminal case on their own, but this can lead to serious consequences:
- Higher likelihood of conviction: Prosecutors have extensive legal knowledge and resources. Without an attorney, you are at a disadvantage.
- Harsher penalties: A lawyer can often negotiate reduced charges, probation, or alternative sentencing.
- Unintentional self-incrimination: Many defendants unknowingly provide evidence against themselves when speaking to law enforcement.
- Permanent criminal record: Even a misdemeanor can follow you for life, making it harder to get jobs, loans, or housing.
- No ability to challenge evidence: A lawyer can identify flaws in the prosecution’s case, such as unlawful searches, lack of probable cause, or unreliable witnesses.
Don’t Risk Your Future – Call a St. Louis Criminal Defense Lawyer Today
Every day you wait to hire an attorney puts your case at greater risk. Let Combs Waterkotte fight for your rights and work toward the best possible outcome.
Contact us today for a free consultation or call (314) 900-HELP. We are available 24/7 to help you navigate the legal system and protect your future.
