Combs Law Group

Hiring Attorney Advice

Why Hiring a Public Defender Can Cost You Your Case.

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Introduction

If you or a loved one has recently been charged with a crime that may take you to the courtroom, you are likely scared and anxious to find someone to represent your case. If you are wondering whether to choose a Public Defender or private criminal defense lawyer to defend you, you’re in the right place. 

What representation you choose for your defense is the most important decision you are going to make and can be the difference between you walking away with your freedom or suffering a huge fine or significant jail time. It’s time to choose someone to fight in your corner to ensure that doesn’t happen. 

This article outlines everything you need to know to make your decision. Before we start weighing the pros and cons, let’s take a moment to check we are all on the same page about what Public Defenders in Missouri actually do. 

The Public Defender System in Missouri 

In Missouri, the Missouri State Public Defender (MSPD) provides legal representation to all accused citizens, as per the constitutional requirement. Any citizen accused or convicted of crimes in Missouri at the level of the State Trial Court, Appellate Court, Missouri Supreme Court, or US States Supreme Court has the right to a Public Defender. 

The MSPD “attempts to provide every client with a high-quality, competent, ardent defense team at every stage of the process”. However, since the MSPD expanded statewide in 1989, they have undergone over ten independent evaluations which warned state officials that the MSPD was making constitutional violations. 

These warnings were ignored until the right to counsel became a constitutional crisis in Missouri. The MSPD is notoriously understaffed, overworked, and underfunded. MSPD is one of the least funded public defender systems in the whole of the US. 

Myths and Misconceptions about Public Defenders 

There are many misconceptions about Public Defenders what they do, and what they are able to offer. Here are some truths you need to be aware of:  

  • Public Defenders aren’t free – they will seek repayment for the costs incurred while representing you, in most cases. They won’t require payment upfront, but you will have to pay their fees. 
  • Public Defenders care – when they can. Yes, they get paid either way, but they are often so overloaded with cases that the first time they meet you is in the courtroom. Without that personal connection, it may feel as though they don’t care about the outcome. 
  • Many Public Defenders are good at what they do – given the limited resources they have. They have completed the same qualifications as private attorneys and are likely getting experience until they can move on to private practice. 
  • Public Defenders aren’t out to get you – they don’t have a secret agenda and they aren’t conspiring with the state to make sure you get a terrible sentence. They will do their best for you with what they have. 

How to Qualify for Public Defender Assistance 

If you need Public Defender representation, one isn’t automatically assigned to your case if you don’t find a criminal lawyer of your own (in that case, you will have a court-appointed attorney). To acquire public representation, you need to complete a written application at your local MSPD office serving the county in which your charges are pending. You can find links to the application and a list of offices here.

You should be aware that the Public Defender won’t represent all cases. The cases it absolutely will not handle, are: 

  • Civil cases involving money damages 
  • Landlord-tenant cases 
  • Immigration and deportation cases 
  • Divorces 
  • Child custody cases 
  • Municipal court cases 

Are Public Defenders Overworked in Missouri? 

In short, yes. There are approximately 112,000 cases for the MSPD to handle at any one time and only 370 lawyers. That means each lawyer is juggling around three hundred cases at any one time. 

As you will have read in the first section, the MSPD is one of the least funded public defender offices in the whole of the states. They simply don’t have the funding to acquire the resources necessary to offer their clients a good quality of representation. 

The American Bar Association (those that set the notorious Bar examination for attorneys) has a minimum requirement for how long lawyers should spend on each case to ensure their clients have adequate and ethical representation, but only 3% of cases in Missouri represented by Missouri public defenders meet this requirement for the constitutional requirement. In other words, 97% of clients are getting unlawful representation.

Missouri public defenders rarely get to meet with their clients before the trial, meaning both the client and the public defender walks into the courtroom completely unprepared to defend their case. They don’t have a chance to discuss the circumstances from the client’s point of view, witnesses, evidence, any plea negotiations that could have taken place before the trial, or a strategy for in the room – all things they should have a right to and any private attorney will offer. 

Pros and Cons |Public vs Private Attorneys 

Public vs Private Success Statistics 

In a study by the University of Dayton, it was found that there is no significant relationship between having a Public Defender represent you and the outcome of your trial. However, if you have your counsel appointed for you, you are 14% more likely to be convicted than if you have private counsel, with public defenders falling in between the two. 

Public vs Private Costs 

The pro most people know about public defenders is that they are the cheaper option – but it’s important to remember they are not free. If they accept your application, they will let you know how much their representation will cost and how you can repay them. They will come up with this figure by looking at a chart called the Fee Schedule, which you can see here. The fees are relatively minimal, starting at $125 for misdemeanors and probation violations, and go up to $1,500 for a capital murder case. 

A con of choosing private representation is that, obviously, it’s going to cost you significantly more. However, it’s likely not as expensive as you may imagine to hire a good attorney for a small and straightforward case. The national average for private representation ranges from $2,000 to $4,500, depending on the case and experience of the lawyer. If you are someone who has a number of charges or convictions and you are facing prison time your fees will be higher due to the complexity of the case, but its’ also important to remember what those fees are going to get you. They are likely the difference between your freedom and having your liberty stripped from you. When it comes to criminal representation, you really do get what you pay for. 

Public vs Private Workload 

A major con of choosing a Public Defender over a private attorney of your choosing is their workload. As already, discussed, Public Defenders have a huge number of cases to manage, and they simply don’t have the time to give you the personal attention and reassurances you need. 

Private attorneys work for you. When you choose a private criminal defense lawyer, you have the chance to meet with them before they represent you and ask them as many questions as you need to know whether or not they are the right attorney for you. 

When Does It Make Sense to Use a Public Defender? 

If you are on a very limited budget, it is your first offense, it is a minor crime, and you are certain of the outcome already and don’t wish to fight it, then a Public Defender may be the right option for you. 

When Doesn’t It Make Sense to Use a Public Defender?  

In any other situation from (and including) the one above. If you can find a way to afford a private attorney, it really is the best solution. They will be your advocate throughout your case and will fight for your freedom. If a private lawyer is known to lose a lot of cases, they simply won’t have clients. The success of their business relies on the success of their cases and the happy words of past clients. Many private criminal defense lawyers offer their clients 24/7 access so should something change in their case, they’ll be there to defend you at any time of night or day. 

Don’t Risk It 

If you can find the money to afford a private attorney, you should. It simply isn’t worth the risk of choosing a Public Defender over finding a public criminal defense attorney who you click with and who will be your advocate every step of the way. While all public defenders have the best of intentions, they are overworked human beings. Like all of us, when they are tired their quality of work starts to suffer, and you don’t want that work to be your future. 

Don’t leave whether or not you walk away from your case with your freedom to chance. If you’re looking for a private criminal defense lawyer in St. Louis and surrounding areas, who will prioritize your case and has hundreds of successful cases and happy clients behind them, Combs Law Group may be the perfect fit. 

We offer completely free consultations to talk you through your case and our process, and we get back to most initial inquiries within just two hours, so if you’re feeling anxious and need someone to talk to as soon as possible, take a deep breath and click here to contact us now.

Looking To Hire Domestic Violence Attorney in St. Louis, M0?

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Introduction

Being accused or charged with domestic violence offenses is an incredibly stressful experience and one you shouldn’t go through alone. A domestic violence charge is a serious accusation and can completely derail your life if you don’t do everything you can to prevent it. The best way to do this is to choose a domestic violence lawyer you can trust to fight the charges with you. 

In recent years domestic violence cases garnered substantial media attention which resulted in stricter laws and harsher punishments all across the United States, including here in Missouri. 

What constitutes domestic violence? 

Domestic violence, also often referred to as “adult abuse” in Missouri, includes: 

  • Spousal abuse 
  • Domestic dispute 
  • Battery 
  • Any physical harm you cause toward someone who lives under your roof 
  • Any physical harm you cause toward someone in your family or household through your negligence 
  • Purposely isolating someone 

It differs from a normal assault charge because there is an established relationship between those involved, and the repercussions of domestic abuse are more serious than their assault charge equivalents. 

This relationship is typically between two people who are, or who once were, in a romantic relationship, but can also include any family member by blood or marriage, and anyone the offender currently lives with or who lived with in the past. 

If you want to know more, read our Complete Guide to Missouri Domestic Violence Laws.

What are the possible punishments for a domestic violence charge in Missouri? 

There are four degrees of domestic assault charges; the fourth degree was only added in 2017 to ensure all victims could seek prosecution for any level of physical or isolating abuse. 

1st Degree domestic assault includes any attempts to kill or knowingly cause (or attempt to cause) serious physical injury. 1st-degree domestic assault is a Class B felony unless there are exceptional circumstances (like a second offense), in which case it becomes a Class A felony. A class B felony comes with a maximum sentence of 15 years in prison, while a Class A maximum term is a life term. 

2nd Degree domestic assault includes any attempt to cause (or knowingly cause) serious injury with a deadly weapon, dangerous instrument, or via strangulation. 2nd-degree domestic assault is a Class C felony. The maximum sentence for a class C felony is 7 years in prison. 

3rd Degree domestic assault includes any attempts to cause (or knowingly cause) physical injury, puts the victim in harm’s way through negligent behavior. It also covers any other physical assault to a household member, or knowingly isolating the victim. 3rd-degree domestic assault is a Class E felony. 

4th Degree domestic assault includes any attempts to cause (or negligently cause) physical injury, pain, or illness to the victim. 4th degree is a Class A misdemeanor. A class A misdemeanor has a maximum sentence of 1-year imprisonment. 

Other possible punishments: 

  • Judges also have the ability to order someone to stop abusing, harassing, or stalking a victim through a temporary measure or full order. They have the right to refuse bond or to set bond extremely high if they believe the accused poses a risk to the victim or community. 
  • In most cases, if you are convicted of a domestic violence crime you will lose your right to own firearms. 
  • In Missouri, anyone convicted of domestic assault may be required to pay restitution to the victim, which involves paying for any costs that resulted from the crime, such as medical bills, repairs, and counseling. 

You should also be aware that if you have children you may need to fight to retain custody of those children throughout your case. 

What to Do If You Are Charged 

If you are concerned that you may be the subject of a domestic violence charge, or if you have been arrested, it’s important for you to contact a St. Louis domestic violence attorney soon as possible. All our clients have the personal attention of Chris Combs from day one. You won’t be a number on a list – he will always be there when you need him. 

Can I do anything to minimize the consequences of my charge? 

Of course, having a skilled criminal defense lawyer on your side is the best way to minimize the consequences of your charge, and maybe your only option depending on the judge presiding over your case. 

Judges often get involved in domestic violence cases to work with families and mend broken relationships, wherever possible. The judge and prosecutor in your case often like to see the defendant take steps to tackle the underlying cause of the event through counseling or another suitable treatment. This is often a wise path to take as it can help you avoid some of the consequences of a domestic violence charge. 

Find a Compassionate Missouri Domestic Violence Attorney 

If you are facing domestic violence charges in St. Louis, you need to find a compassionate and competent domestic violence attorney as soon as possible. Chris Combs has ensured successful outcomes for many of his domestic violence clients in the past and can do the same for you, too. 

Click here to find out more about how we represent domestic violence cases. Alternatively, call us today at 314-451-2711 or send us an email to arrange your free consultation. We aim to get back to every inquiry in less than two hours. 

Top 10 Qualifications For A Criminal Defense Lawyer

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Introduction

If you’ve been arrested you need the very best criminal defense lawyer for your case to ensure you get the best outcome. It’s tempting to rush into working with whichever lawyer is available and willing to take on your case, so you can feel at ease knowing someone is working to protect you. 

However, if you want to get the experienced counsel you’re looking for you should take the time to be selective and ensure you get a criminal defense lawyer you are comfortable with so you can get the very best outcome. 

Here are 10 tips to help you choose the best lawyer for you and your case: 

1.) Choose a Local Lawyer

If you’ve been arrested you need the very best criminal defense lawyer for your case to ensure you get the best outcome. It’s tempting to rush into working with whichever lawyer is available and willing to take on your case, so you can feel at ease knowing someone is working to protect you. 

However, if you want to get the experienced counsel you’re looking for you should take the time to be selective and ensure you get a criminal defense lawyer you are comfortable with so you can get the very best outcome. 

Here are 10 tips to help you choose the best lawyer for you and your case: 

Chris Combs and the Combs Law Group have an outstanding reputation in the St. Louis legal community and Chris has worked hundreds of criminal defense cases all across the St. Louis area. He was born and bred in St. Louis and has built his many relationships on his personable and professional manner, so is in the perfect position for taking on St. Louis criminal defense cases. 

The lawyer you choose must be licensed to practice in the state you’re being prosecuted in to represent you, but beyond the legalities, local lawyers have established relationships in the local criminal justice system. 

2.) Look for Experience and Specialization 

Many lawyers specialize in certain areas of criminal defense or have a lot of experience with cases just like yours. Wouldn’t you rather have an experienced lawyer than one who has never seen a case like yours? Of course, you would! So don’t just work with the first lawyer you find, look for a lawyer who can show you successful past cases in the area you are looking for. 

Experienced lawyers will be able to anticipate what questions are likely to come up in the courtroom and any moves the persecutors may make against you. They will also have an in-depth knowledge of the state’s criminal statutes and will help you with a well thought out strategy. 

At Combs Law Group, we have an impressive track record of successful cases and have built up a great reputation in the St. Louis Metro area and have extensive knowledge of Missouri criminal statutes. Any lawyer you consider should be able to say the same. 

3.) Meet with Them In-Person

You will feel most comfortable with a criminal defense lawyer who you click with. While you don’t necessarily need to feel like you’d like to head to the bar for a drink with them, being able to feel comfortable with them and knowing that you understand each other easily will make your experience much less stressful. If you meet with a lawyer who you don’t connect with, don’t be afraid to look for someone else. 

It often feels like if you don’t find a lawyer to protect you in the next few days your world will fall apart, but in most cases, you can take the time to find a lawyer you can see yourself working with for months or years until your case concludes. 

We offer all our clients a free consultation to meet face to face to see if we are the right fit for one another. 

4.) Choose a Law Firm Where You’ll Be Prioritized 

Some lawyers at large law firms have a large caseload and may struggle to prioritize you. Before you choose a lawyer, ensure that you’ll be able to contact your criminal defense lawyer whenever you can. 

All our clients have access to their lawyer 24/7, so should there be a sudden development in their case they can stay calm knowing their lawyer will be hot on their case in the very best way. 

5.) Look at Testimonials and Reviews 

When you have a list of potential criminal defense lawyers, read their testimonials and reviews. These testimonials and reviews will provide you with more information with how the lawyer works with their clients, what their past clients did and didn’t enjoy about working with them, and you may find endorsements that help you know whether a lawyer is or isn’t for you even before you meet them. 

Our outstanding reputation as a St. Louis criminal defense attorney is well reflected in our reviews – in fact, you’ll be hard-pressed to find another with such good reviews (and we aren’t afraid to share our successes)! Our dedication to superior client satisfaction – and a long list of successful cases – has helped us amass more testimonials than we can count, and we’re grateful for all of our great clients. If you’d like to read our reviews, you can see our client feedback here.  

6.) Ask Them About the Possible Outcomes 

Any criminal defense lawyer you speak to should be willing and able to talk to you about the possible outcomes of your case. While you want them to be confident about your case, be very wary of any lawyer who says they can guarantee you a win. 

The lawyers you speak to should be able to talk from experience about the realistic best- and worst-case scenarios and may have case studies and proof to show you. When you ask them about previous cases they’ve handled like yours, they should be at ease and happy to talk you through their cases. If they seem nervous or brisk, they may be trying to pull the wool over your eyes and likely won’t be able to help you at all in court. 

7.) They Should Offer a Free Consultation 

If a potential lawyer wants to charge you for your first meeting, steer clear. You want to find a criminal defense lawyer or firm who champions their clients and is ready to stand in their corner and fight for their liberty, career, and family life. If they aren’t willing to meet with you for your first consultation for free, they don’t have your best interests at heart, and it shows that they may not be committed fully to your case. 

We offer a free consultation for all of our clients to discuss their case, possible outcomes, and take the time to answer any and all questions they may have. 

8.) Discuss the Fees and Expenses

There are a huge number of benefits to paying for a private attorney, but you need to establish if the lawyers you are speaking to are within your budget. When you find someone you like, make sure you discuss potential fees as well as any fines you may have to pay as part of your punishment. 

You should also discuss the payment schedule and any flexibility. Some lawyers require 50% of their fee upfront, while others will accept monthly payments, and others a mixture of the two. Don’t be afraid to bring up the subject of money during your first meeting. 

You’ll want to pay for the very best lawyer you can find, but if you stretch yourself too far financially and can’t cover the payments halfway through your case, your lawyer may be reluctant – or be unable – to see it through. Discuss finances frankly so you can move ahead confidently. 

9.) Ask Them About a Potential Strategy

Talk to potential lawyers about the strategy they may use in your case. Not every lawyer’s strategy will be right for you, and if you aren’t comfortable with their proposed strategy, there’s no sense moving forward. If you don’t understand why they are proposing their strategy, ask them to clarify the reasons behind it. It’s their job to make everything clear and understandable for you, so don’t be embarrassed if you don’t understand at first. 

Ask potential lawyers if they believe there may be any chance of a plea deal so you can avoid going to trial. Going to trial is extremely stressful and you have to pay legal fees for the judge’s time. If there is any chance of a plea deal, discuss what this may entail and the punishment you may receive as a result of taking the deal.  

10.) Discuss How to Move Forward

When you find someone you feel is a good fit for you, ask them how long they believe your case will take, how you will be charged over that time (as many cases can take months or even years to reach conclusion), and how often you can expect to hear from them. 

Criminal defense lawyers manage several clients at once and your case may go for weeks or even months without progress as you wait for a response or a court date. Discuss how you’ll be kept in the loop and how often you can expect updates. 

If you’re looking for a criminal defense attorney in St. Louis, Missouri, don’t hesitate to reach out to us about your case. All of our clients receive personal attention, and we are available 24 hours a day from the moment of your arrest to help you with your case. We have an incredibly strong success record and will work to get you the very best outcome. If you need someone to protect your liberty, livelihood, and family, get in touch as soon as possible.  

Should You Go to Trail or Take a Plea Deal?

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Intro

If you are charged with a criminal offense you may be faced with a difficult decision: should you agree to the prosecution’s plea bargain before your case goes to trial, or should you wait for the trail to be given your sentence? The answer isn’t always simple and straightforward, so to help you make the right decision if this situation arises for you, this article will guide you through all the pros and cons of each option and anything else you need to know in order to make an informed decision.

A criminal defense attorney will be able to advise you on your case, and if you are in need of immediate advice you can talk to us ASAP by clicking here, or calling us at 314-578-1465. Ultimately you are the person who has control over the final decision.

What is a Plea Deal?

A plea deal, or bargain, is when a prosecutor offers the defendant an opportunity to plead guilty and receive a certain, and often lesser, charge and/or sentence. If you are offered a plea bargain, you (the defendant) are entitled to know all the alternatives and, as far as your criminal defense lawyer [link: combslawstl.com] can predict, the consequences of each option.

Here’s an example of what a plea bargain may look like: a defendant is charged with assault with a deadly weapon. Their attorney receives the plea bargain and tells the defendant that the prosecutor is willing to accept a guilty plea to reduce the charge to simple assault and will recommend a sentence of six months incarceration and a $500 fine. It will be then up to the defendant to reach a decision on whether or not to take the deal with their attorney’s advice.

What Are the Different Kinds of Plea Bargain?

There are three different kinds of plea bargain, and a fact bargain:

Sentence Bargain

A sentence bargain is when the defendant enters a plea of guilty in return for a lesser sentence. For example, 12 months incarceration instead of 24 months. This is sometimes combined with a charge bargain.

Charge Bargain

A charge bargain is when the defendant enters a plea of guilty in return for a lesser charge. For example, simple assault instead of assault with a deadly weapon. This is often combined with a sentence bargain since lesser charges come with lesser sentences.

Count Bargain

A count bargain is when the defendant enters a plea of guilty in return for a reduced count. For example, instead of being guilty of three counts of assault, you agree to reduce it to one for the lesser sentencing one count brings, and the prosecution drops the remaining charges.

Fact Bargain (not a plea deal)

A fact bargain is not a plea deal and is not often used. It is when the defendant admits to certain facts in a case instead of the prosecutor having to prove them at trial in return for agreeing not to introduce other facts at trial. In this bargain, the case goes to trial.

Whatever the bargain, a judge must approve and accept it.

Who Helps Me Make the Deal?

If you hire a private criminal defense attorney they will manage the deal for you, or you can have a public defender guide you through the deal. A private attorney will be more invested in your case, know more about it, and will be able to talk with you at length about the advantages and disadvantages of your agreeing to the deal (or not). Remember that your attorney or defender has a huge amount of experience and have seen a wide range of cases and their outcomes, so their advice is worth your consideration, even if it doesn’t go with your instincts.

Pros of Taking a Plea Deal

Prosecution Has Already Considered the Case

A prosecutor doesn’t offer a plea bargain unless they have carefully studied the case, gathered all the evidence they believe they need, spoken with witnesses and victims, and considered a fair sentence. This means if you believe you will be found guilty, that a plea deal may offer you a better sentence than you’ll get if you go to trial.

You Can (Almost) Guarantee Your Sentence

Agreeing to a plea bargain is the only way to have any degree of control over your sentencing. You will have the chance to think over the offer and whether to agree to it. If you do, the only hurdle remaining is the judge, who must agree to the terms of the agreement. If you don’t take the plea bargain, you’ll be at the mercy of the judge and jury.

Saves Time

Often, you’ll have to wait a year or more before your case can go to trial, which means you and your family must live in a state of limbo until you receive your sentence or are found not guilty. If you agree to a plea deal you won’t have to wait, and you’ll be able to move on with your life as soon as possible. It also saves the time of the judge and jury who would have to see your case.

Saves Money

From the state’s point of view, cases that agree to a plea deal outside of the courtroom help save them a huge amount of money, and so judges are more inclined to agree with the prosecution’s recommendation of the lesser charge and/or sentence.

You will also save money if you are paying for your own criminal defense attorney as they won’t have to spend the time putting your case together for trial.

Avoid Unwanted Publicity

Trials are extremely public and can gain a lot of media attention that may make it difficult for you and your family to return to normal life after the trial.

Often a Lesser Charge or Sentence

If you are offered a plea deal it is nearly always a lesser charge and/or sentence than you would receive at trial.

Cons of Taking a Plea Deal

Waive Your Right to Appeal

If you agree to a plea deal you must also surrender your right to file an appeal on the conviction later down the line, unless a specified doctrine is drawn up outlining the legal parameters and agreed on by both parties.

You Will Be Charged

If you hope to be found not guilty or acquitted of the crime, you must go to trial. If you agree to a plea deal you will voluntarily plea guilty and receive the agreed-upon charges and sentence, and it will be on your criminal record, even if you are innocent.

Minimum Sentence

In many areas and cases, there will be a minimum sentence you have to receive that the prosecutor will not be able to reduce, even if they wanted to.

The Judge Has Control

Regardless of your deal, the judge will still ultimately have control and can reject the deal if they don’t agree with it, and will impose a longer sentence.

Pros of Going to Trial

You May Be Found Not Guilty

If you go to trial and the prosecution cannot prove, beyond a reasonable doubt, that you committed the crime, you may be found not guilty or even acquitted of the crime. You can only be found not guilty by going to trial. If you are innocent or believe the evidence against you is limited, you may choose to go to trial to try and avoid the charges.

You Have More Time

If you aren’t in jail awaiting your sentencing, you will have more time to spend with your family, to get your affairs in order, and to work with your criminal defense attorney to put together your defense before the trial. If you are serving time while you wait, you may have already served the sentence by your trial and be released immediately.

Benefits of the US Constitution

If you refuse the deal and go to trial you will receive all the benefits of the US Constitution, meaning you must be presumed innocent until proven guilty. The prosecutor must gather together their case to prove each element of the crime beyond a reasonable doubt. You also may benefit as any mistake the prosecution makes may cause the evidence to be suppressed.

Cons of Going to Trial

You May Receive Harsher Sentence

If you reject a plea deal there will be no guarantee that the prosecution will seek the same sentence at the trial, and the judge may decide to impose a harsher sentence, even if the prosecution seek the same sentence. At trial, the judge will be able to give you the maximum penalty and sentence.

It Gives the Prosecution More Time

Just as going to trial can give you more time to put your defense together, it also gives the prosecution time to put their case together. If you have been offered a plea deal, you can often assume they have gathered the most amount of evidence they believe they can get, but there is the chance that they’ll persuade a new witness to testify or will use the setting to amplify the case and seek a harsher sentence.

Juries (and Judges) Are Unpredictable

By design, juries are unpredictable. Judges and juries are human, and they can be swayed by the way information is given to them, by performances by the witnesses and victims, and by things going on outside of the courtroom. Once you go to trial you will have no control over the sentence you receive, other than by your behavior in the courtroom, and they will have control over your future.

Trials are Public

Trials are often public affairs and you and your family will be under constant scrutiny in the lead up to your trial, during it, and for some time after it.

What Happens When You Take a Plea Deal?

A plea bargain can take place at virtually any time during the process. The prosecution will approach your attorney with the deal and once you agree to it, they will put it forward to the judge for it to be agreed upon. Your sentencing will be arranged quickly so you can serve your time or pay your fine.

What Happens If I Reject the Deal?

If you reject the plea deal and choose to go forward with your trial, you will have to wait for your trial date before your case can be seen, which can take a year or longer. Once your trial begins, you will be at the mercy of the judge. The prosecution will put their case forward, your criminal defense attorney [link: combslawstl.com] will put forward your defense, and the judge and jury will come to a decision. If your sentencing includes incarceration you will be taken into custody to start your sentence.

What Happens if Me and My Criminal Defense Attorney Don’t Agree?

If, for any reason, you and your criminal defense lawyer can’t agree on the best strategy for you, you ultimately have the final say and your representative must carry out your decision. However, if your criminal defense attorneys feel strongly, they may ask the judge to let them withdraw from the case, or you can ask for a new attorney. Always ask them for the reason they are advising you the way they are before you make your final decision. This isn’t a common occurrence for defendants who met with and chose their attorneys personally, instead of being assigned a public defender

What Option is Best for You?

What option is best for you will depend entirely on your individual case, the charge, the evidence, and witnesses who can place you as the perpetrator, and your other circumstances. You and your criminal defense lawyers should discuss your options and the likely outcomes to come to a decision you can feel good about. You should make sure you ask your attorney:

  • If there is any chance of a better deal if you wait until closer to the trial
  • What sentence you are likely to receive if you go to trial and are convicted
  • The maximum sentence you may receive
  • If the trial could turn out in your favor

Your attorney should also be able to provide you with “insider” advice about the assigned judge and what decision they are likely to make on your case based on others they’ve preceded over in the past.

If you believe you will be found guilty, or if there is irrefutable evidence against you, often a plea deal will offer you the best terms for your charge. However, if you are seeking acquittal of the crime, you must go to trial.

Need Advice?

If you or someone you love has been charged with a crime, you need someone in your corner fighting for your rights and preparing a strong defense. We at Combs Law Group, based in St. Louis, Missouri [link: combslaw.wpengine.com/st-louis-criminal-defense-attorney], we get to work on your case immediately. We offer free consultations, are available 24 hours a day, and will be by your side all the way through your case. If you need a criminal defense attorney in St. Louis we can be there to advise you from the moment of your arrest. You can either fill out a contact form on this page or you can call 314-578-1465.

When Should I Hire A Criminal Defense Lawyer?

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Everyone at some point in their lives has a run-in with the law.  It might be a simple traffic ticket or possibly a more serious charge, but nonetheless, you’re facing charges that you have to deal with in court.  When that happens the obvious question that comes to mind is “Should I hire a criminal defense lawyer to help me fight these charges?” This is a crucial step in most criminal defense cases and it shouldn’t be taken lightly.  Because the answer to that question might be the difference in whether you go to jail or not, or whether you pay higher court costs and fines or not. In fact, we would argue that the decision to hire a criminal defense lawyer might be one of the most important decisions you make in your life, especially if you’re facing serious charges.  For simple traffic tickets, a lawyer can help you by avoiding points on your license and ultimately higher insurance costs in the future.

But why is this the case? Well, it’s no secret that the entire US legal system is designed around a unique and somewhat complex legal process.  What’s great about our country is that as a defendant you have rights and more specifically the right to “procedural due process”. This is protected under the 14th amendment in the Constitution, and it typically refers to the following 10 principals that are required for “judicial fairness” in your case:

  1. An unbiased tribunal.
  2. Notice of the proposed action and the grounds asserted for it.
  3. The opportunity to present reasons for the proposed action not to be taken.
  4. The right to present evidence, including the right to call witnesses.
  5. The right to know the opposing evidence.
  6. The right to cross-examine adverse witnesses.
  7. A decision based only on the evidence presented.
  8. Opportunity to be represented by counsel.
  9. The tribunal to prepare a record of the evidence presented.
  10. The tribunal to prepare written findings of fact and the reasons for its decision.

Number 8 in that list says you have the “opportunity” to be represented by counsel, and that’s an opportunity you don’t want to pass up. Good counsel can help you navigate the legal process and more importantly help you to understand your rights and protections under the law.  And there are other benefits to hiring your own criminal defense attorney. We’ve compiled a list of 5 reasons why hiring a lawyer is in your best interest. Here’s the list

  1. Legal Strategy – A legal 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. A good legal strategy can make a big difference in any case.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

So that’s the list of 5 reasons or benefits to hiring a good criminal defense lawyer.  Think about these benefits when you’re considering whether to hire a lawyer or not.

The Public Defender Option

Some of you with more serious crimes that are not being filed in municipal courts, but instead being filed in state court will have the option to apply for a public defender.  One big myth about public defenders is that they are free. In Missouri, you have to reimburse the public defender that’s assigned to your case and fees are based on a fee schedule that can be found here.  You also have to apply for a public defender and there is no guarantee that you will be accepted. It’s typically based on your income and your current living standard. If you are wealthy or even have a moderate income you may as well forget about it.  If you’re homeless and have no money then the public defender may be a good option for you.

Quite frankly, unless you are homeless and have no money, a Public Defender is a bad option for you anyways.  Public Defenders are overworked and underpaid, and the result is that they don’t put everything they have into the cases they fight.  It’s not that they are bad lawyers, because some of them can provide good counsel to a defendant. The issue is that you’re just a number to them and ultimately they aren’t invested in your particular situation.  Whereas a hired criminal defense lawyer is concerned about client satisfaction and will go the extra mile for you.

Conclusions

Hopefully, by now you’re seeing the benefits that come with hiring a good criminal defense lawyer.  The keyword being “good”. Yes, hiring a criminal defense lawyer is the best option for you when fighting your charges, but hiring just any lawyer isn’t the right thing to do either.  You have to take some time to interview several lawyers that have good reputations in the St. Louis area. You can check out their reviews on Google, Yelp, or Facebook to see what others are saying about their experiences with the firms on your shortlist.  

Don’t make the mistake of going the cheap route because ultimately you will get what you paid for.  But also don’t think that by overpaying for a lawyer you will be able to buy your way out trouble. Be realistic about your expectations and communicate them to the lawyers during the interview process.  Then let them provide you with some details about whether those outcomes are possible and how they plan on attaining them. Don’t walk away from a lawyer who doesn’t sugar coat everything for you. You may want to hear that everything is going to okay, but in some cases, it might not be.  A good criminal defense lawyer will provide you with their honest assessment of your case and what they think they can do to help you. If a lawyer comes out right away and claims that they can get you out of trouble and all you have to do is pay them “X” amount, you should probably get up and walk out right away.  What you will want is a lawyer who will temper the expectations, and ultimately over deliver at the end of it all. Finally, write down a set of criteria that need to be met and look for those specific criteria when interviewing lawyers.

Combs Law Group welcomes you to call us today for a free consultation on your case.  We look forward to your call and we’re willing to answer any questions you have about how we work with your clients.  Call us today at 314-578-1465 or fill out a contact form and we’ll get back to you within a few hours.

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The information on this site is for informational purposes only and should not be interpreted as legal advice. No formation of the attorney-client privilege is created by the use of this site. The choice of an attorney is an important one and should not be based solely on advertisements.