Wilmington Criminal Defense Lawyer
Wilmington Criminal Defense Attorney
Being charged with a crime is a harrowing experience, especially when it happens for the first time. If you or a loved one are arrested and charged with a criminal offense, it is crucial that you connect with a Wilmington criminal defense lawyer as soon as possible. The right defense attorney can help you understand your case and offer the greatest chance of mitigating potential penalties or completely avoiding a conviction.
Representing Defendants in Wilmington, NC
The attorneys at The Shotwell Law Group have years of experience defending clients in Wilmington and surrounding communities from all types of criminal charges. When you need defense counsel on your side, our firm has the skills, resources, and experience necessary to provide comprehensive legal representation for even the most challenging cases. It’s important to be aware of your rights and the benefits of a legal defense when facing any criminal charge.
Our team can meet with you immediately after receiving your request for representation. We can carefully examine the police report from your arrest and the circumstances of your arrest and booking. We can look into how you were treated by the police and determine whether they violated your rights or the laws of due process in any way. We can listen to your story and inform you of the legal services we provide that can help you in this difficult situation.
Types of Criminal Cases We Handle in Wilmington
When you are seeking an experienced Wilmington criminal defense lawyer to represent you, it is vital to choose one who has proven experience handling cases like yours. While criminal cases generally follow the same procedures, different charges can pose different challenges. The team at The Shotwell Law Group offers comprehensive legal representation for a wide range of criminal cases:
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The first steps you take after an arrest in Wilmington are crucial. No matter what type of charge has been filed against you, securing legal counsel you can trust is essential for avoiding severe penalties and reaching a positive outcome in your legal proceedings. Your Wilmington criminal defense lawyer can help you understand your case quicker and identify all of the defensive options available to you.
Know Your Rights in the Criminal Justice System
All criminal cases in the United States revolve around the concept that the defendant is innocent until proven guilty beyond a reasonable doubt by the prosecution. The Constitution includes two crucial Amendments that directly apply when a person is arrested for a crime. The Fifth Amendment pertains to your protection against self-incrimination, and the Sixth Amendment pertains to your right to legal counsel.
Under the Fifth Amendment, you have the right to remain silent when you are arrested. You are not obligated to act as a witness against yourself, meaning you are not required to answer questions or give statements to law enforcement, regardless of what they may claim. When you are placed under arrest, even if you have done nothing wrong, remain silent and comply with the arresting officers’ instructions.
Under the Sixth Amendment, you have the right to legal representation and a speedy and fair trial. Once the arrest and booking process is complete, you are permitted to make a phone call. While it is important to notify your family of your situation, you should take the opportunity to contact an experienced Wilmington criminal defense lawyer or have someone do it on your behalf. The Shotwell Law Group can respond to your request for legal counsel in this situation.
Understanding the Standard of Proof in a Criminal Case
In every criminal case, the burden of proving the defendant’s guilt rests on the prosecutor, who must establish guilt beyond a reasonable doubt. This means the prosecution’s case must be so convincing that there is no reasonable doubt about whether the defendant committed the crime in question. The prosecutor handling your case may leverage all available evidence and witness testimonies they can against you.
All of the evidence presented by the prosecution in a criminal case must be admissible, meaning it must have been obtained legally, and there must be proof of an intact chain of custody to show that the evidence was not tampered with or compromised. Prosecutors may also attempt to obtain sworn statements from witnesses to support their case. Your defense attorney can call into question the credibility of the prosecution’s evidence and testimonies, and suppress illegally obtained or inadmissible evidence.
When a criminal case proceeds to a trial, a discovery process begins in which both sides of the case exchange evidence and witness statements. Once discovery is complete, the trial begins. It’s possible for a criminal trial to be held before a judge alone, and some are held in front of a judge and jury. The jury must unanimously vote in favor of the defendant’s guilt for there to be a conviction.
Building Your Defense in Wilmington
Depending on the charges against you, you may have more opportunities to defend yourself than you initially realize. While the prosecution will attempt to prove you are guilty, your defense attorney can work to dismantle their case, calling the credibility of their evidence into question and cross-examining their witnesses to expose holes in their testimony. Your attorney can also present evidence that contradicts the prosecution’s argument.
If you have been accused of a crime you did not commit, success with your defense may hinge on your ability to prove that you were wrongfully accused, the police mistook your identity for that of the actual perpetrator, or you are the victim of malicious prosecution. While the prosecution must prove guilt, you should not be passive in your defense, even if you know you have done nothing wrong.
An experienced Wilmington criminal defense lawyer can help you establish your alibi, prove that you could not have committed the crime in question, or show that you are the victim of circumstance. In the event that any due process violations occur, your attorney can use them as a part of your defense strategy. They can expose any failures by law enforcement that could have compromised the integrity of the case, potentially leading to a case dismissal.
Penalties for a Conviction and Plea Bargaining
If you are facing a possible conviction, a criminal defense lawyer can help you improve the outcome of your case, often achieving results that are far better than what you might expect on your own. The penalties for misdemeanor crimes in Wilmington may include fines, jail time, and various other punishments. The penalties for felony crimes tend to be much harsher, including very expensive fines and years in state prison.
Depending on the exact details of your case, it is also possible for certain types of offenses to lead to specific penalties assigned by the sentencing judge. For example, if you are convicted of a drug possession offense and it is shown that you struggle with substance abuse, the judge may require you to complete a substance abuse treatment program as a condition of probation.
In some cases, prosecutors may offer a defendant a plea deal. If a prosecutor believes their case is strong enough to guarantee a conviction, they may offer a plea deal in an effort to avoid lengthy courtroom proceedings and conserve court resources. It is also possible for a prosecutor to offer a plea deal because they are unsure whether they can get a conviction and may be hoping the defendant accepts it out of desperation.
A plea deal may not be possible in every case, but if a plea bargain is offered to you, accepting it could result in reduced charges or a lighter sentence. Your Wilmington criminal defense lawyer can advise you on whether accepting a plea deal would be good for you or if you should attempt to fight your charges in the courtroom.
Ultimately, every case is unique, and every defendant faces different challenges in their efforts to avoid conviction or minimize their penalties. The Shotwell Law Group is prepared to do everything we can to help you achieve success in your case in Wilmington.
What To Expect From Your Wilmington Criminal Defense Lawyer
An effective Wilmington criminal defense attorney can have a tremendous positive impact on the outcome of a criminal case. The team at The Shotwell Law Group understands that you may feel desperate and are likely to have many pressing legal questions about your case that you are unable to answer. The sooner you connect with our team, the sooner we can provide the guidance and support you need in this difficult situation.
Our firm has helped many clients defend against a wide range of misdemeanor and felony offenses in Wilmington, and we are ready to put this experience to work for you in your impending case. As soon as you have completed the arrest and booking process, reach out to our firm immediately so we can meet with you, listen to your side of the story, and help you begin building your defense.
FAQs
Q: Do I Need a Defense Attorney if I Committed a Crime?
A: Yes, you need a defense attorney if you committed a crime. Hiring legal counsel is not a useless effort, even if you did break the law. It is still the responsibility of the prosecution to prove your guilt beyond a reasonable doubt. It is possible for your defense attorney to prevent them from meeting this high standard of proof. Your attorney could also be essential for negotiating a plea deal with the prosecution or arguing in favor of lighter sentencing.
Q: How Can a Wilmington Criminal Defense Lawyer Help Me Prove My Innocence?
A: A Wilmington criminal defense lawyer can help you prove your innocence by gathering exculpatory evidence that establishes a solid alibi, proving that you are the victim of mistaken identity, or proving other mistakes of fact or law. While the prosecution must meet the burden of proof, you should still be proactive in building a strong defense to prove your innocence if you were wrongfully accused.
Q: Can My Defense Attorney Keep Me Out of Jail?
A: Your defense attorney may be your most valuable asset in keeping you from going to jail. While incarceration may not be completely avoidable in every case, having a skilled attorney on your side can significantly increase your chances of coming to a positive conclusion in your case. It’s possible that your attorney’s representation can be the difference between probation and imprisonment, or they may be able to help you avoid conviction entirely.
Q: When Should I Hire a Wilmington Criminal Defense Lawyer?
A: You should hire a Wilmington criminal defense lawyer as soon as possible after you have been arrested for any type of criminal offense. After you are arrested, you will be booked and permitted to make a phone call. Say nothing to the police unless it is a request for a lawyer, and use your phone call to reach out to an experienced Wilmington criminal defense lawyer you can trust to represent you.
Q: How Much Does It Cost to Hire a Wilmington Criminal Defense Lawyer?
A: The cost to hire a Wilmington criminal defense lawyer will typically depend on many factors, including the overall complexity of your case and how much time the attorney needs to spend working on it. An attorney can carefully explain their billing policy before any commitments are made, so you are fully aware of your billing obligations and how much it may cost to hire your chosen criminal defense lawyer.
Contact The Shotwell Law Group
The team at The Shotwell Law Group has successfully defended many Wilmington clients against a wide variety of criminal charges, and we are ready to leverage this experience to help you. You must act quickly to secure the legal counsel you need after being charged with a criminal offense. Contact us today to schedule a consultation with a Wilmington criminal defense lawyer and learn how we can assist with your case.
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