If you are arrested, your criminal defense attorney’s first goal will be to secure your release from jail.  If your attorney is successful, you will be able to regain your liberty, and it will also help your attorney in working on your case and increase his chances of a successful resolution.

During the time of your incarceration, you do not have as much leverage in plea bargaining, especially if the sentence offered is close to the amount of time you have already served.

Importantly, your being incarcerated makes your attorney’s job much more difficult:

• Your lawyer will have to travel to and from jail and wait for you to be moved to an interview room.
• Interview rooms in jails are often open and enable other inmates and lawyers to overhear you.
• The jailhouse is not the ideal place to review documents and physical evidence such as audio and video.
• You will not be able to contact your lawyer whenever you want to; you will be at the mercy of the jail’s phone.
• There is the danger that another inmate will hear your conversations and repeat them in exchange for a deal.  Other inmates want to be released, and may decide to turn state’s evidence to do so.

On the other hand, if you are free on bail you will be able to help your defense attorney prepare for the trial, visit the scene, find witnesses, etc.

If you are arrested, a New Hampshire criminal defense attorney may be able to help secure your release on bail.