Do You Need A Criminal Lawyer To Defend A Misdemeanor?
A misdemeanor may be considered a minor crime when compared to a felony, but it can have a major impact on your life. A criminal lawyer can help you fight charges or expunge a record.
While not regarded as severe as a felony,
misdemeanors are still considered punishable crimes, which mean hiring a criminal lawyer is crucial. A misdemeanor comes with up to one year of incarceration, probation, community service, fines, and collateral consequences. Although it may seem easier to simply serve a few days in jail or deal with probation, without proper legal representation, your petty crime could haunt you for a lifetime.
A misdemeanor is a crime with a lower level of seriousness than a felony. Common examples are trespassing, vandalism, prostitution, driving without a license, petty theft, drug use or possession, and some forms of assault. Laws vary by state and punishment will range greatly as well, where the crime took place will also have some influence on sentencing. Many misdemeanors, especially with first time offenders, will be reduced or dismissed if considered very minor crimes (such as vandalism or driving without a license). More serious offenses, such as assault, will benefit from the assistance of a criminal lawyer in order to reduce charges or consequences.
If you're facing a minor punishment, such as a short probation or community service, it may seem pointless to bother with a criminal lawyer. However, collateral consequences are often far more severe than what the judge doles out. A collateral consequence is the resulting effect a misdemeanor conviction has on your life. These can include loss of employment, job prospects, professional licenses, government loans and difficulties securing these later in life. A misdemeanor can be especially damaging in the case of a young person attempting to apply for financial aid from the US government. They can be rejected unless their records are expunged, which can be another costly endeavor.
So what can you do if you have already been convicted of a misdemeanor in the past? With the help of a criminal lawyer, you may be able to expunge or seal your records so that it will not appear on a background check performed by employers, landlords, banks, or other entities. With expungement, you will also be able to secure government assistance and apply for any professional license that was restricted from you in the past. The process can be time-consuming and requires a pile of paperwork. Since each state has different laws regarding crimes and records, an attorney can help you determine whether or not it is worth your while to file for expungement, or they can assist you if your initial request was denied. There is a fee to file, so hiring legal counsel can save you from error that could cause rejection.
If you think you can't afford a criminal lawyer, there are services available where attorneys offer reduced fees or work for the experience only. You may also be appointed legal counsel through the courts if you fail to secure your own. Defendants are generally better off if well prepared ahead of time, so it is advised to find legal representation quickly in order to achieve the best results possible.