Facing criminal charges can be overwhelming. If law enforcement is investigating you or you’ve been arrested, the decisions you make now can impact your future.
Here are five clear signs you need to hire a criminal defense attorney immediately.
1. You are being investigated or questioned by law enforcement
If police officers or detectives want to talk to you about a crime, you should have an attorney present. Even if you believe you have done nothing wrong, anything you say can be used against you in court.
Missouri law does not require you to answer police questions without an attorney. Under the Fifth Amendment to the U.S. Constitution, you have the right to remain silent to avoid self-incrimination. If officers approach you for questioning, politely decline to answer and request an attorney. A criminal defense lawyer will protect your rights and help prevent accidental self-incrimination.
2. You have been arrested or charged with a crime
An arrest is a serious matter that requires immediate legal representation. Whether you face misdemeanor or felony charges, the prosecution is already building a case against you.
Under Missouri law, crimes are classified as misdemeanors or felonies based on their severity. For example:
A first-time driving while intoxicated (DWI) is typically a Class B misdemeanor under RSMo 577.010.
Possession of a controlled substance can be a Class D felony under RSMo 579.015.
Assault charges range from misdemeanors to serious felonies under RSMo 565.050 - 565.056.
A criminal defense attorney will examine the evidence, challenge the prosecution’s case, and work to reduce or dismiss charges where possible. Waiting too long to seek legal counsel can put you at a disadvantage in court.
3. Law enforcement has searched your home, vehicle, or property
If officers execute a search warrant or search your property, you need an attorney immediately. The Fourth Amendment protects against unlawful searches and seizures, but police may conduct searches under certain circumstances, including:
When they have a valid search warrant
With your consent
Under specific exceptions, such as exigent circumstances
If police got evidence illegally, your lawyer may be able to ask to stop it from being used against you in court. An attorney can also review the warrant for potential violations and challenge improper police procedures.
4. You are facing serious penalties, such as jail time or hefty fines
The consequences of a criminal conviction can be severe. Missouri sentencing laws vary based on the classification of the offense. Felonies, in particular, carry significant penalties:
Class A felony: 10 years to life in prison (e.g., first-degree murder, RSMo 565.020)
Class B felony: 5 to 15 years in prison (e.g., first-degree robbery, RSMo 569.020)
Class C felony: 3 to 10 years in prison (e.g., involuntary manslaughter, RSMo 565.024)
Even misdemeanor convictions can lead to jail time, fines, probation, and a permanent criminal record. A criminal defense lawyer will fight for reduced penalties, alternative sentencing options, or case dismissal, depending on the circumstances.
5. Your case is going to trial
If your case proceeds to trial, having a strong legal defense is crucial. The prosecution must prove your guilt beyond a reasonable doubt, and an experienced attorney knows how to challenge their evidence.
Criminal trials involve complex legal procedures, including:
Jury selection
Cross-examination of witnesses
Presentation of evidence
Legal motions and objections
Missouri’s Rules of Professional Conduct for Attorneys require defense lawyers to provide competent representation and act in their client’s best interests (Missouri Supreme Court Rule 4-1.1). Without legal representation, you risk losing your case due to a lack of knowledge of courtroom procedures and legal strategies.
Should you hire a criminal defense attorney immediately?
Do not wait to seek legal representation if you are facing criminal charges. The sooner you hire an attorney, the stronger your defense will be. An experienced criminal defense lawyer will fight to protect your rights, challenge the prosecution’s case, and pursue the best possible outcome.
At Stanfield Law, we have the experience to handle misdemeanor and felony cases throughout Missouri. Contact us today for a free consultation to discuss your case.
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