Wednesday 23 November 2011

How A Criminal Defense Lawyer Protects Clients

Being charged with a serious crime such as extortion or assault can quickly cause problems in a person's personal and professional life. But criminal defense lawyers can help individuals navigate the legal system while protecting their rights to fair treatment under the law. Attorneys can also make sure the accused do not make any innocent mistakes because they are unfamiliar with the legal system.

Once suspects are taken into custody, they have to appear in court for an arraignment. By hiring their attorneys now, they can get legal counsel before entering their plea of guilty or not guilty. They can also try to convince the magistrate to let their clients out of jail until the trial or ask for them to be given a reduced bail.

A magistrate holds a preliminary hearing to decide if there is enough evidence to hold a trial. The judge hears evidence and witnesses from both prosecutors and the defense lawyers. The judge then decides if, based on the evidence, a reasonable group of jurors would find the defendant guilty. If so, the magistrate sets a date for the trial. Under some circumstances, the accused may have their legal counsel try to work out a plea bargain to avoid the risk of getting a harsher sentence if the jury hands down a guilty verdict.

To determine what evidence will be allowed in the trial, a pretrial motion hearing is held. Both sides meet in court so the judge can decide what kind of evidence and testimony will be allowed or forbidden. Ground rules will also be established concerning how the jury will be selected.

Before the gavel comes down for the trial, defense attorneys continue to build their cases to make sure they have not missed anything. In the first phase, they give their opening statements. They must also be familiar with the prosecution's presentation, so they can quickly object to anything they feel is improper. When it is their turn, they challenge the state's evidence with witnesses of their own. Once they rest their case, the judge turns the case over to jurors so they can reach a verdict.

If the jury finds the defendant guilty, then the judge will set a date for the sentencing. The guilty defendants could then face anything from probation to hard time in prison or in some states or countries could even be put on death row to be executed. But, the sentencing phase may not be the end of the case. If their lawyers believe legal mistakes were made by the court, they can immediately start preparing an appeal.

The defendant's legal counsel can submit a document for the appeal called a brief to a higher court. In it they argue that the conviction or sentence should be overturned or reduced. They can only challenge the record of the proceedings and cannot introduce new evidence. Prosecutors also file a document, saying why they believe the appeal should not be granted.

Being charged with a serious crime can be devastating and it can ruin the person's personal life and career and could also ruin them financially. A competent defense attorney can help protect their civil rights by making sure they get a fair and unbiased trial by a jury of their peers.

Recommended Links:
Criminal Defense Attorney Sparks Nevada

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