Criminal charges are not easy for anyone. The defendant would require professional assistance to increase their chances of getting cleared of all charged. David Serna Attorney mentions that defendants must always try their best to hire a lawyer who is both highly experienced and qualified when facing criminal charges, to be assured of positive outcomes. David himself is an experienced defense attorney. He is New Mexico’s only Board Certified Criminal Defense Diplomate and Advocate, National Board of Trial Advocacy, Boston, MA. He is also a Board Certified Trial Specialist in Criminal Law, New Mexico Board of Legal Specialization.
When thinking about the duties of a defense lawyer, most people visualize a courtroom, when these attorneys strive to defend their clients. David Serna Attorney mentions that while these lawyers do defend their clients in court, their duties and assistance goes way beyond that. There are many ways they can help their clients even before the trial stage. Most of these lawyers have are habituated to working closely with prosecutors and police officers, and can provide their clients with expert guidance and support in every stage of their case.
Here are some of the situations when one must try to seek out the assistance of their professional defense lawyer, according to David Serna Attorney:
- When the police want to question: A lot of people think that if they have not committed any crime, then there is no harm in taking to the police all by themselves. However, it is important to understand that anything they say to the police, no matter how irrelevant it may seem initially, can be held against the defendant. One must always be wary of what they might speak in front of the police. An overzealous or inexperienced officer could get the wrong idea about something said by the defendant, and subsequently, make them a prime suspect of the crime. Hence, whenever the police desire to speak to a person in relation to a crime, no matter whether as a witness or a suspect, one must call their lawyer and ask them to be present during the questioning session. If the facts of a case are such that it could give rise to suspicions or misplaced allegations, the aid of lawyer would be needed to make sure that one’s rights are properly protected.
- When the police ask to sign something: One must always remember that the police cannot force them to anything unless they have a reasonable suspicion that the person committed a crime. The right to be free from unreasonable search and seizure is protected by the Fourth Amendment.
Other situations where the aid of a criminal defense attorney would be needed include fighting for lower bail at bail hearings when needed, as well as discussing a possible dismissal of charges with the judge and prosecutor. They also play a major role in advising clients on how to plead in the initial hearings.