If you have been charged with a criminal offense, you might be panicking. You might think that you don’t need an attorney and that you will be able to defend yourself on your own. Hiring an attorney can be expensive, but it may be one of the best investments you make in your life. Criminal convictions have long-lasting effects that can follow you through life.
A criminal record not only affects your employability or your ability to live in St. Louis, it may also affect any potential future criminal charges as well. That’s why when you are charged with a crime in St. Louis, you should consider talking to an experienced criminal defense attorney like Brian J. Cooke. He has helped clients in the St. Louis area for decades. He knows what kind of pressure you are under, and he is here to help you find the best path forward. Call today for a free consultation.
What Does a Criminal Defense Lawyer Do for Me?
If you’ve been arrested, are about to be charged with a crime, or want to confess to something to help ease sentencing, you really need an attorney who understands Missouri’s criminal laws and can build your case. When you hire a criminal defense attorney, they start working before you even walk into a courtroom.
Your Attorney will Investigate Your Charges or Arrest
Your attorney will complete their own investigation of the charges you’re facing, using evidence to help build their understanding of what you’ve been accused of and what possible sentences you could be given. Then they can start to work on a defense strategy, like looking at missing evidence in the prosecution’s side of events or find rights violations that can nullify evidence.
Your Attorney can Speak on Your Behalf with Law Enforcement
If law enforcement officers have asked you to speak to them as part of an investigation, you need to bring a criminal defense attorney with you. Even if you feel you are being helpful, you could be setting yourself up for a conviction. Police are allowed to bend interrogation rules if it means they can secure a confession or admission of guilt. An attorney can help you answer questions without falling into any legal pitfalls or giving answers that make you look guilty. Your lawyer can also appear in court on your behalf.
Your Attorney can Help Argue for Bond & Bail Conditions
Different factors can affect whether you are granted bond or bail. An attorney can help you make a case for why you should be released before your trial. Setting a reasonable bail can be beneficial, because that means you are out of jail and able to help your attorney with your case.
Your Lawyer Can Negotiate with Prosecutors Before Trial
In many cases, a prosecutor may not have enough evidence to secure a conviction after they’ve achieved an indictment. Smart prosecutors know that. Smart defense attorneys recognize that too. Your attorney can work with the prosecutor to reach an agreement that may result in dropped or reduced charges. Without a lawyer, you will face the full brunt of the legal system alone.
If Your Case Goes to Trial, Your Lawyer Can Help You Prepare
Not every criminal case needs to go to trial, but when the prosecutor does not offer a fair plea deal, you should have an attorney who recognizes that issue and helps you get ready for your time in court. Your attorney can gather more evidence, analyze the evidence shared by the prosecution, and guide you through your legal options so that you can fight for your freedom.
Missouri Laws That Show Why Legal Support Matters
Waiving Your Right to Counsel
Missouri law, RSMo §600.051, requires a judge to make sure you understand what you are giving up before you proceed without a lawyer. The judge will ask questions to confirm that your choice is made knowingly and on your own. Once you waive that right, you are expected to handle the case yourself, including responding to the charge and making choices that affect how the case turns out. It may be possible to petition the court to revoke your waiver, but not every judge will allow that. Waiving your right to counsel is a serious decision you should consider before accepting.
Sentencing After a Guilty Plea or Conviction
According to RSMo §557.011, Missouri law allows a judge to impose different penalties after a guilty plea or conviction. That can include jail time or probation, along with fines or a suspended sentence. The judge decides what applies based on the charge and the facts of the case. What happens before you enter a plea can influence the outcome of your case at sentencing.
Where Your Case May Be Heard in the St. Louis Area
Where your case is filed depends on where the incident happened and which agency brought the charge. That decision determines which courtroom you will walk into and who will be handling your case. Here are the courts you may be dealing with:
- St. Louis County Courthouse in Clayton. This is where many county-level criminal cases are handled.
- St. Louis City Circuit Court. Cases filed within the city limits are handled here.
- Municipal courts. These courts handle ordinance violations and lower-level matters filed by local departments.
- Federal court in downtown St. Louis. Cases involving federal charges are handled here, usually after an investigation by a federal agency.
Should I Wait to Hire a Lawyer?
Whether you can wait or need to hire a lawyer immediately depends on what has already happened in your case and what could happen next. Some circumstances give you a little time. Others involve deadlines or contact from law enforcement that should not be ignored. In most circumstances, it is better that you hire an attorney as soon as possible, even if you feel you can wait.
Here is how to tell the difference:
- If the issue is minor and no court date has been set, you may have a little time to decide your next step. That changes once a charge is filed or a court date is scheduled. Don’t ignore the issue, but start finding an attorney as quickly as possible.
- If police want to speak with you about a possible offense, do not wait to hire an attorney. What you say in that conversation can be written down and used by a prosecutor.
- If you have an arraignment or another court appearance scheduled in the St. Louis area, you should not wait. You are expected to be there and respond to the charge.
- If you were offered a plea deal or told that charges may be filed, you should act before anything is finalized. That is when decisions begin to affect what happens next.
- If a warrant has been issued or a bond condition is already in place, you should not delay. Those circumstances can lead to action by law enforcement or the court.
Common Mistakes People Make Without a Lawyer
This is where people run into problems without realizing it. A lot of these choices seem small at the time, but they can come back to haunt you later once your case is in front of a judge.
Here are the ones we see the most:
- Talking to the police without knowing what is already in the report.
- Agreeing to a plea without knowing what it may actually result in.
- Missing a court date because the notice was confusing or easy to overlook.
- Handing over documents or information without reviewing them first.
- Assuming a charge is minor based on the name. That can lead to ignoring what the court is allowed to do.
What It Looks Like to Have A Criminal Defense Attorney Involved Early
When you contact us, we understand that you’re facing a stressful scenario, even if you are facing a misdemeanor. We look at your case from the start, considering the police report or any police paperwork that can help us find a path forward. We will discuss the incident to ensure we have a complete understanding of what happened and that we share the same story. It won’t be good for us to go into an interview with law enforcement with different stories. Our job is to help you, and we need to know everything.
After we’ve established what led to your arrest or criminal charge, we explain the possible options to help you find peace of mind. We won’t make any decisions for you — it’s your life, we are simply your guide. We can discuss how courts approach similar circumstances, what details may help change how cases are handled, and what we need to do when in order to accomplish the optimal outcome: dropped charges.
From there, we keep things direct. We tell you what the next contact from law enforcement could look like and what to say or not say when it happens. We also walk you through what your first court date will involve so there are no surprises when your case is called. Then we start building your defense together.
FAQs About Hiring a Criminal Defense Lawyer
Can I use a public defender instead of hiring a private lawyer?
Yes, but only if you qualify based on income. A public defender is appointed by the court after charges are filed. That means you may not have representation during an investigation or before your first court date.
Do I need a lawyer for a misdemeanor in Missouri?
Some misdemeanor charges still allow the court to impose jail time or probation. They can also result in a record that shows up on a background check. The label does not limit what the court can do.
Should I accept a plea deal without talking to a lawyer?
No. A plea deal sets the charge and the penalty. Once you accept it, the judge will enter it and you are bound by it. It is important to know exactly what you are agreeing to before you say yes.
Will a lawyer speak to the prosecutor for me?
Yes. Once we are involved, the prosecutor communicates through us. That keeps you from having direct contact and prevents your words from being used against you.
Can hiring a lawyer change what charges get filed?
In some cases, yes. We can present information to the prosecutor and challenge what is being relied on. That can affect how the case is filed or whether it is filed at all.
Can a lawyer help if I already missed court?
Yes. Missing a court date can lead to a warrant. We can contact the court and confirm what was issued, then take the right steps to bring you back before a judge.
Can the police search my phone without a warrant?
In most cases, no. Police usually need a warrant before they can go through your phone. If they ask for permission and you agree, they can search it right then. If you do not give permission, they may try to get a warrant instead.
Get Help From a Missouri Criminal Defense Lawyer
If you are about to speak with the police or respond to a charge, this is the point where it helps to have someone in your corner. What you say or agree to can affect what ends up in front of a judge in a Missouri court, including cases in the St. Louis area. Contact The Law Offices of Brian J. Cooke before you take that next step so we can go over what is in front of you and help you respond the right way.
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