The criminal defense law consists of the legal protection offered to persons accused of committing crimes. The law enforcement agencies and public prosecutors have great resources at their disposal. Without adequate protection for the accused, the balance of power within the judicial system would distort the governments favor. Fair treatment of criminal respondents often depends on the skill of their defense attorney as it does the substantive protection contained in the law.
Defense lawyers know how to use constitutional guarantees for the benefit of their customers. For example, all criminal prosecutions are based on evidence collected by the government. This may include physical evidence, testimony, confessions, drug and alcohol tests, etc. The continued amendment of the United States Constitution (applicable to the states through the 14th amendment) prohibits the police from using unreasonable searches and seizures to gather evidence. If they do, a defense attorney will request the court to suppress the evidence so that it can not be used in the trial.
The constitution provides many more protection in the area of criminal justice. Anyone who has been tried and released for a crime can not again be accused of this office, as provided for in the Double-Duty clause of the fifth amendment. The sixth amendment guarantees the criminals the right to a public trial and in many cases the right to get their guilt or virgin decided by a jury. It also gives the right to confront negative witnesses and to use the judicial power of the court to force prominent beneficial witnesses.
Secure a release from prison awaiting trial
After a arrest, the first defenders will want to be out of prison. In addition to the obvious inconvenience, it prevents prisoners from working and earning money to pay a defense attorney and fulfilling their other financial obligations. This can be particularly problematic for those who will later commit themselves and face expensive fines and assessments. Defendants who are detained also have a disadvantage because it is harder for them to help their attorney to prepare a defense.
To obtain a release from prison while a case is in progress requires that the defendant send the deposit. Simply put, the sponsor is good faith money, giving the court some form of security to ensure that the defendant returns to court to participate in future proceedings in the case. If the defendant does not look, the deposit will be lost. A defendant who can not afford the guarantee can use a commercial bond service or request that the referee lower the guarantee. Judges can agree to reduce the bail if it can be shown that the defendant has strong ties with the locals and does not endanger others.
Plea Bargaining Strategies
A large majority of criminal cases never reach the trial stage. The defendant and prosecutor will instead enter into a conciliation agreement called a trial. Basically, the defendant relies on claiming to be guilty in exchange for a mild sentence. Defendants seeking a trial may take one of two general approaches. They can fight the government at every turn, make the prosecutors job more difficult and give the prosecutor an incentive to get rid of through a trial. Alternatively, the defendants can cooperate fully, show real regret and convince the prosecutor that a mild sentence is appropriate for changing their criminal ways.
Present a winning defense to the jury
When a case goes on to the jurys trial, one of the keys presents to success a coherent, convincing theory to explain to the jury why the defendant has been falsely accused. The defendants lawyer will influence this theory throughout the experiment, create a story that resonates with jurors in that community and reinforces their existing beliefs about the issues in the matter. Developing the right theory and presenting it effectively is the goal of each lawyer for crime prevention.
Consider the following example. In a farm, a day worker is on his way home from work. He is arrested for DUI after doing badly on the roads sobering test that requires balancing on a leg. At the trial, his defense attorney declares that the defendant could not stand on a leg because he was exhausted from working on a farm all day, not due to alcohol poisoning. Jury members empathy, many of them have worked on farms themselves. After considering the evidence in the light of the defense theory, the jury returns a judgment that is not guilty.
Reasons to hire a defense attorney
The criminal justice system is not designed for people to represent themselves. If you have been arrested, you need a lawyer to stand up for your rights, fight back against exaggerated police officers and get the best results. Contact a criminal attorney for more information.