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10 Steps to Take When Facing Criminal Charges

Howard L. Lotven, P.C. Sept. 13, 2024

Facing criminal charges in Missouri can be challenging, but taking the right steps can significantly impact the outcome of your case. Here are some important steps I recommend you consider if you find yourself facing criminal charges in Missouri.

1. Seek Legal Representation

It's crucial to seek legal representation from a qualified criminal defense attorney who has experience handling cases similar to yours. As a knowledgeable Kansas City criminal defense attorney, I can explain your rights, provide legal advice, and advocate on your behalf throughout the legal process. Contact the law office of Howard L. Lotven, P.C. today for more information.

2. Understand Your Charges and Rights

It's important that you understand the specific criminal charges you're facing, including the statutes or laws that apply to your case. As your criminal defense attorney, I can explain the charges in detail and discuss potential consequences if convicted.

You have important constitutional rights, such as the right to remain silent and the right to legal counsel. Exercise these rights and avoid discussing the details of your case with anyone other than myself—your attorney.

3. Gather and Preserve Evidence

If possible, gather any evidence that may support your defense, such as receipts, punch clock times, photos, videos, or documents. Make sure that this evidence is preserved and provided to me for review. Don't alter or destroy any potential evidence related to your case, as this can have serious legal consequences and harm your defense.

4. Appear for Court Dates

It's critical to attend all scheduled court hearings and appearances as required. Missing a court date can result in additional charges, a warrant for your arrest, or other legal penalties. Arrive early for court appearances and dress appropriately. Show respect for the court proceedings and follow any instructions from the judge or court personnel.

5. Stay Informed and Communicate

Maintain open communication with me as your criminal defense attorney throughout the legal process. Keep me informed of any developments or concerns related to your case. Discuss potential legal strategies with me, including plea bargains, defenses, and trial options. Make informed decisions based on my advice and guidance as your legal counsel.

6. Consider Bail and Pretrial Release

If you're in custody awaiting trial, I can help you through the process of obtaining bail or pre-trial release. Follow any conditions set by the court if you're released on bail.

7. Prepare for Trial or Negotiations

If your case proceeds to trial, work closely with me as your criminal defense attorney to prepare a strong case. I'll review witness testimony, evidence, and potential legal arguments to present your case effectively in court.

I may engage in plea negotiations with the prosecutor to potentially reduce charges or penalties depending on your case. Make sure to consider all options carefully before making decisions that could impact your defense.

8. Maintain Confidentiality

Public statements can potentially harm your defense strategy. Refrain from discussing details of your case on social media or with individuals who aren't directly involved in your legal defense. Maintaining confidentiality when facing criminal charges is crucial for several important reasons.

Preserving the Integrity of Legal Strategy

Discussing details of your case publicly, especially on social media or with individuals not involved in your defense, can influence potential jurors or witnesses. Confidentiality helps safeguard the details of your defense strategy, including potential legal arguments, evidence, and witness statements. Revealing these prematurely can allow the prosecution to prepare counter arguments or anticipate your moves during trial.

Preventing Contamination of Evidence

Publicly discussing details of your case can inadvertently lead to the alteration, destruction, or tampering of evidence. This can undermine the credibility and admissibility of evidence in court.

Evidence must be collected and preserved following legal standards to guarantee its admissibility in court. Any tampering or mishandling of evidence due to lack of confidentiality could jeopardize its use in your defense.

Protecting Privacy and Reputation

Criminal charges can carry social stigma and impact personal and professional relationships. Maintaining confidentiality helps mitigate unnecessary scrutiny or judgment from the public, employers, or community members.

Your privacy is important during legal proceedings. Confidentiality helps protect sensitive personal information from becoming public knowledge, safeguarding your reputation and personal well-being.

Compliance With Legal Ethics and Rules

Attorneys like me are bound by strict ethical rules regarding client confidentiality. Discussing case details in public or with unauthorized individuals can violate these ethical obligations and may lead to legal consequences. Breaching confidentiality could potentially complicate your legal defense, as it may lead to conflicts of interest, disputes with legal counsel, or challenges in maintaining attorney-client privilege.

Maintaining Fairness in Legal Proceedings

Confidentiality supports the principles of a fair trial by preventing outside influences or biases from impacting the judicial process. It helps maintain impartiality among jurors and guarantees that legal decisions are based on evidence presented in court. Protecting confidentiality upholds your constitutional rights, including the right to a fair trial, due process, and the presumption of innocence until proven guilty.

9. Follow Legal Advice

As your criminal defense attorney, I have your best interests in mind and will work to achieve the best possible outcome for your case. Following legal advice when facing criminal charges is crucial for several reasons that directly impact the outcome of your case and safeguard your legal rights.

Expert Guidance and Experience

Attorneys handle criminal law and possess knowledge of legal procedures, statutes, and case precedents. I can provide informed advice based on my experience handling similar cases. Legal advice includes an assessment of the strengths and weaknesses of your case, potential legal defenses, and strategies to mitigate charges or seek a favorable plea agreement.

Protection of Legal Rights

Attorneys make sure that your constitutional rights are protected throughout the legal process. This includes the right to remain silent, the right to legal counsel, and protections against unlawful search and seizure.

Legal advice guarantees compliance with procedural rules, deadlines for filings, and court appearances. Failure to adhere to these can result in adverse legal consequences, such as missed opportunities for defense or procedural errors.

Effective Communication With Authorities

As your criminal defense attorney, I can serve as your advocate in interactions with law enforcement, prosecutors, and the court. I can communicate on your behalf to make sure that statements are made strategically and in accordance with legal strategy. I can engage in negotiations with prosecutors to secure favorable plea agreements or reduced charges, advocating for the best possible outcome in your case.

Strategic Defense Planning

Attorneys develop a personalized defense strategy based on the specifics of your case, evidence available, and legal arguments. This includes preparation for trial, witness testimonies, and cross-examination of prosecution witnesses. I'll guide the collection, evaluation, and presentation of evidence to strengthen your defense or challenge the prosecution's case.

Risk Management

As your criminal defense attorney, I'll assess the potential risks and consequences of various legal options, such as accepting a plea deal versus proceeding to trial. I'll provide counsel on the likelihood of success and potential outcomes based on the evidence and circumstances. I aim to minimize potential penalties, including fines, imprisonment, probation, and other consequences that may result from a criminal conviction.

10. Stay Composed and Cooperative

Facing criminal charges can be stressful, but maintaining composure and cooperating with legal authorities and myself, as your criminal defense attorney, can help facilitate a smoother legal process.

Speak With a Criminal Defense Attorney

Tackling criminal charges in Missouri requires careful attention to legal procedures, rights, and responsibilities. By seeking qualified legal representation, understanding the charges against you, preserving evidence, and following court procedures, you can effectively work towards a favorable outcome for your case.

If you're ready to speak to a criminal defense attorney in Kansas City, MO or the surrounding areas of Independence, Rock Port, or Lexington, don't hesitate to reach out to the law office of Howard L. Lotven, P.C. today for a consultation. I'm ready to defend your case.