Here’s an example: A simple drug possession conviction may result in the loss of your driver’s license, but it could also impact your ability to obtain employment or to obtain a student loan. If you are not a United States citizen, a criminal conviction could even affect your immigration status.

Do not waive your right to an attorney. An attorney or lawyer can assist you if you’re facing a criminal conviction by arguing for lesser or alternative sentence, helping to expunge your record, and ensuring you get the fair and timely trial you are entitled to. This is especially true if you are facing charges that you have not committed.

You should always hire an attorney. If you cannot afford one, the court will appoint an attorney on your behalf. Facing a criminal charge? Don’t Wait! Contact O’Connor and Ryan for a consultation today.

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I am often asked controversial questions about my role as a criminal defense attorney. How can I represent someone who I know to be guilty of the crime with which they are charged? What if they’re charged with a particularly heinous crime? My duty as a criminal defense attorney is to protect the constitutional rights of Americans. Here are some of the reasons that is so important.

Firstly, anyone charged with a crime, whether it is a minor crime or a brutal crime, is presumed to be innocent and is entitled to be represented by a competent attorney whose sworn duty is to zealously defend the individual within the bounds of the law. That attorney’s role is to hold the government true to its obligations; ensuring all evidence is acquired lawfully, and only that lawfully obtained evidence is presented in court. For example, if there was a confession or admissions of guilt, that evidence must have been obtained legally.

If the evidence was obtained illegally, by compulsion, force or other illegal means, then that evidence may not be admitted against a defendant. If the evidence was obtained in violation of a person’s right against unlawful search and seizure, it is not admissible in court and cannot be used to convict a person…even in the case of a brutal crime. It is the attorney’s role to examine all the facts and assert whatever legal arguments are appropriate to protect the rights of an accused—this puts checks and balances in place to ensure the government does not have the un-restrained power to illegally obtain evidence in order to secure a conviction.

Even when representing guilty parties, a criminal defense attorney protects the rights of all citizens from illegal government activity and upholding the constitutional guarantees for all citizens.

To convict any person of a crime, it is the government that bears the burden of showing proof of guilt beyond a reasonable doubt. This is inherent in the constitutional motto of ‘innocent until proven guilty.’ An attorney’s job at trial is to make sure the evidence that is presented against an accused is reliable and admitted according to constitutional rules.

All in all, we as Americans are granted constitutional guarantees, and just because a crime is particularly brutal or heinous, we must continue to uphold that right for our citizens. It is my role, and the role of criminal defense attorneys everywhere, to ensure that is the case. Each time an attorney represents an accused that attorney is working to protect everyone’s rights as US citizens.

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If you’ve been arrested for drunk driving, it’s easy to feel hopeless and scared. However, a conviction can follow you through life and it’s important to explore your options before you simply plead guilty. In my 40-year experience as a criminal defense lawyer, I have seen many arrests that haven’t resulted in convictions.<

Here are a few things you should know about your rights:

• Oftentimes, police use “field sobriety tests” to attempt to establish you are driving drunk. If you are not in good shape, are nervous, or have any physical impairments, you will likely not do well on these tests, even if you have not been drinking.
• Police can’t make you take tests; you have the right to refuse to take them.
• Your refusal to perform these tests cannot be used against you in court.
• You have to provide your license and registration to the police; you must identify yourself, but you do not have to answer any other questions, such as have you been drinking, have you been drinking tonight, where have you been, etc.
• Tell the office you want to talk to a lawyer before answering any other questions. Do not be argumentative; simply and firmly assert your rights.
• If you are arrested you can answer basic questions such as where you live, work, marital status, etc., but need not answer other questions about the case.

A conviction can follow you through life. Do not just give up and plead guilty. Many arrests do not result in a conviction. Contact us at O’Connor and Ryan, P.C. at 978-534-1301.

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