When to Hire (and When Not to Hire) a Criminal Defense Attorney
Facing criminal allegations can be one of the most overwhelming experiences of your life. This is particularly true when the police and prosecutors only have someone’s claim that you did something wrong and despite move forward with an investigation, arrest, and prosecution —which is common especially if the accusations involve sexual assault or child sexual assault. It’s natural to feel unsure about what to do next, but one thing is certain: having the right criminal defense attorney on your side can make a world of difference in the outcome of your case. At Varghese Summersett, our team of experienced attorneys understands the complexities of the criminal justice system in Texas and is dedicated to protecting your rights and advocating for your best interests. In this guide we walk you through when to hire a criminal defense attorney and the instance when you should not hire a criminal defense attorney.
Mere Allegations
It’s not uncommon for individuals to assume they only need an attorney once they’ve been formally charged. For most offenses, nothing could be further from the truth. While it is difficult, However, the earlier you hire a lawyer, the better. If you become aware of accusations—especially serious ones such as sexual assault or crimes involving minors—reaching out to a Fort Worth criminal defense lawyer right away can have lasting benefits. An attorney can advise you on how best to respond if law enforcement or potential witnesses contact you, and they can begin gathering evidence to support your defense. The criminal process often moves quickly, and you don’t want to lose valuable time preserving information that may be critical to your case. [Read our case study below for an example of when early intervention made all the difference.]
Signs of an Active Investigation
Not all criminal matters start with handcuffs. If you learn—or even suspect—that you are under investigation, it’s time to talk to an attorney. Perhaps a detective reaches out for a “friendly chat,” or you learn that law enforcement executed a search warrant at your home or business. An attorney can step in to safeguard your constitutional rights and steer interactions with investigators, helping to ensure you don’t inadvertently say or do anything that could hurt your defense later on. By getting professional counsel at this stage, you can often shape the trajectory of the investigation or potentially avoid charges altogether.
After an Arrest: Protect Your Future
If you have already been arrested, the need for legal representation becomes immediate. Bail hearings, arraignments, and other early court appearances can heavily influence the rest of your case. Your lawyer will work to secure a fair bond, examine the probable cause behind your arrest, and begin looking into weaknesses in the state’s evidence. With serious allegations—like sexual assault—the stakes are even higher. You could be facing significant prison time and registration requirements if convicted. A skilled defense attorney will explore every angle, from negotiating with prosecutors to challenging improper searches and questioning.
Unhappy with Your Current Lawyer?
Choosing the right attorney is crucial. Unfortunately, it’s not uncommon for individuals to realize mid-case that they and their lawyer are not on the same page. Communication issues, missed deadlines, or a lack of preparedness can severely impact your defense and peace of mind. While changing attorneys is a decision that shouldn’t be taken lightly, you have the right to seek new representation if you feel your current lawyer is not meeting your needs. At Varghese Summersett, we often speak with individuals looking for a second opinion and are ready to step in if you need a more dedicated or experienced team on your side.
When (and How) Scammers Strike
Amid the stress of a criminal allegation, you could become a target for scams. Scammers sometimes pose as detectives or “concerned parents,” demanding money to “make the case go away.” If anyone requests immediate payment to avoid arrest, skip court, or “drop charges,” it’s almost certainly a scam. Legitimate law enforcement officers do not operate this way, and any real fees or fines are handled through official court channels. If you are ever in doubt, contact your local courthouse or a reputable criminal defense lawyer to verify the details before handing over any money.
Case Study: Early Intervention
Late one night, our client, a longtime motorcycle enthusiast, found himself in an unexpected and dangerous situation. He was riding with acquaintances on the outskirts of town, and they ended up in a neighborhood known for its rough reputation. Without realizing it, he had become part of an escalating conflict that would change his life forever.
The Incident
While taking a short break from riding, our client’s group was suddenly approached by individuals who believed they had been shorted on a deal by one of his friends. Tensions flared, and a confrontation turned physical. Our client was knocked off his motorcycle and assaulted on the ground. Fearing for his life as the attack continued, he reached for the handgun he lawfully carried.
In a single moment, what he intended as self-defense resulted in a fatal shooting. One of the individuals involved was killed. Terrified, our client did the only thing he could think of: he immediately reached out to his Second Amendment insurance provider, who quickly connected him with our criminal defense firm.
The Importance of Immediate Legal Counsel
From the moment we took his call, we knew our client’s decisions in the next few hours would be critical. We instructed him not to make any statements to law enforcement—no matter what they promised or how urgent the questioning seemed. In cases like this, even a simple comment meant to show cooperation can be misinterpreted and used against you.
Sure enough, our client was arrested shortly after contacting us. Although the arrest was expected, we were on standby to ensure his rights were protected from the outset. By calling us before making any statements or decisions, he gave himself the best chance of a fair legal process.
Building the Defense
Soon after the incident, law enforcement viewed the shooting as a potential murder. We knew we had to move quickly to protect our client from an indictment. We met with the district attorney’s office several times to present key evidence and legal arguments supporting our client’s claim of self-defense. We:
- Gathered Witness Statements: We located individuals who could speak to the aggressive behavior of the group that attacked him.
- Analyzed Forensic Evidence: We examined the scene and any available video footage to confirm our client’s account of the events.
- Demonstrated Reasonable Fear: We showed why our client felt his life was in imminent danger and had no other option but to defend himself.
Because of these efforts—and the clarity that comes from early intervention—our client’s case was presented to a grand jury, which ultimately no-billed the murder charge. This meant he was not indicted and could avoid a lengthy felony prosecution.
The Outcome
By following our legal advice from the start, our client’s nightmare was cut short before it developed into a full-blown trial.34 Through diligent investigation and persuasive communication with prosecutors, our firm prevented a felony indictment and further prosecution.
Today, our former client has chosen a different circle of friends, recognizing that being in the wrong place at the wrong time can have devastating consequences—even when acting in self-defense.
Key Takeaway: Early Intervention Matters
This case highlights the power of swift legal action. If our client had waited to call for help or had given statements to the police before consulting an attorney, the result could have been drastically different. Contacting an experienced criminal defense lawyer before charges are formally filed can shape the narrative and help ensure evidence is preserved and presented in the best possible light.
If you ever find yourself in a critical situation—whether it’s a self-defense scenario or a potential criminal accusation—remember that time is of the essence. Immediate legal representation can safeguard your rights, steer the process, and set you on the path toward the most favorable outcome possible.
Protecting Your Rights and Your Peace of Mind
Ultimately, the decision to hire a criminal defense lawyer is about safeguarding your future. Even if your situation seems uncertain or you haven’t been charged yet, consulting an attorney can provide clarity, protection, and peace of mind. That’s especially true if you’re facing serious accusations such as sexual assault or child sexual assault. Prosecutors in Texas aggressively pursue these charges, and having a skilled legal advocate can be the difference between a favorable resolution and a life-altering conviction.
Contact Varghese Summersett
If you believe you’re under investigation, have been arrested, or simply have questions about your case, the legal team at Varghese Summersett is here to help. We’re known for our expertise in criminal law and our unwavering commitment to our clients. Don’t wait until it’s too late—reach out for a consultation and let us guide you through the process. Protecting your rights starts by knowing your options, and at Varghese Summersett, we’re ready to stand by your side every step of the way. Learn more about our criminal defense team: