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6Aug/100

Do I Need a Lawyer If I Know I Am Innocent?

West Virginia criminal defense attorneys on the importance of representation in a criminal defense case

Protecting your right to representation

If you are truly innocent, you urgently need the best possible criminal defense.  There is a great risk in assuming that your innocence will be presumed in a criminal case.  While the law holds you innocent until you are proven guilty, you must understand that—

  • You are on trial because West Virginia has concluded that you should be considered the lead suspect in a crime.
  • The fact of your innocence rarely has the power to overwhelm the perception of the judge and jury who presume there is probably a very good reason why the state has put you on trial.

To fully understand what you are up against in a criminal case when you are without representation from a qualified criminal defense lawyer in West Virginia, consider the forces working against you:

Risk #1—Experience perception

The odds that you have anywhere near the criminal law knowledge and experience of the judge or the prosecutors is slim.  Even if you have extraordinary knowledge compared to the average citizen, the entire courtroom, including the jury, will automatically assume you are relatively ignorant because you are not a lawyer—a bias that can harm your ability to persuade them you are innocent.

Risk #2—Respect bias

It is common knowledge that running your own defense is unwise and almost never produces an acquittal.  You may be the smartest person in the state, but the perception is likely to be that you are a fool for not hiring a lawyer or at least accepting the assignment of a government appointed defense lawyer if you cannot afford one.  This bias makes it harder for you to gain the respect you need to convince the court of your innocence.

Risk #3—Enemy status

When you face charges, there are powerful people—prosecutors—who have already assumed your guilt and whose job it is to see that you are convicted.  Many prosecutors are proud of their conviction records.  For them, ensuring that you are convicted in the case is both a professional and a personal goal.

Risk #4—Unlimited state resources

No criminal defendant can match the funds and resource allocation capabilities of a determined prosecution.  Even when you have a defense attorney on your side, you are at a disadvantage because of this reality.  But a skilled criminal defense attorney has the tactical knowledge and strategic experience to outwit prosecutors despite their backing by the State.  Don’t pass up the  opportunity a skilled defense attorney can provide.

Risk #5—Discovery challenges

In the pretrial discovery phase, you have the right to perform research, locate and confirm witnesses, and seek out evidence that supports your case.  But this is inherently difficult to do when you are incarcerated.  Furthermore, you will not have access to the stable of expert witnesses a good defense attorney has available.  Their expert testimony can greatly aid your case.

Hiring criminal defense attorneys in West Virginia

To overcome these risks, hire the very best criminal defense you can buy.  Your future is at stake.  If you are arrested in West Virginia, contact The Giatras Law Firm, PLLC to start building a strong defense.

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