What can a Criminal Defense attorney do to help me?
Criminal defense attorneys represent those people who have been charged with a crime. Charges are allegations, which accuse a person of violating a state or federal law. No matter what evidence has been gathered, the criminal charges must be proven by a prosecuting attorney in a court of law, or a confession must be made by the defendant. An experienced criminal defense attorney can negotiate with prosecutors in order to reduce charges and sentencing times so choosing the right criminal defense attorney is extremely important. Find local attorneys as well as additional criminal law information in the Internet Lawyer Directory.
Crime and Criminal Law
A crime is any act that violates the public law of the land. Criminal law involves prosecution of any person for an act considered a crime. In a criminal case, a suit is initiated by the state through a prosecutor. A person who has been convicted of a crime can be punished by fine and imprisonment. Most crimes in America are established by local, state and federal governments. Crimes include both felonies and misdemeanors. Felonies involve more serious crimes such as murder and rape. Misdemeanors are crimes that are typically less serious in nature such as jaywalking and traffic tickets.
In any criminal proceeding, the person being charged with a crime does not have to prove his or her innocence. The burden of proof is placed upon the government. A prosecutor must prove that the defendant is guilty beyond a reasonable doubt.
The steps of the criminal process includes:
Arrest: The process often begins with the arrest of the person suspected of committing a crime.
Bail hearing: During the bail hearing, the judge hears the charges and decides if the accused should be released on bail or kept in custody. At this hearing, the accused is informed of the charges being brought against him or her and is given the right to a public defender if he or she cannot afford a criminal defense attorney.
Probable-cause hearing: Here a judge hears the evidence brought against the person being charged and decides whether probable cause exists to believe the accused has committed the crime he or she is being charged with. If there is no probable cause, the accused is then released.
Arraignment: During arraignment, the accused makes his or her plea. The most common types of pleas include guilty, not guilty and no contest or nolo contendere.
Trial: The prosecution begins the proceedings and makes an opening statement. The attorney for the accused then makes an opening statement. The prosecution then calls witnesses, who are cross-examined by the attorney for the accused. The accused calls witnesses, who are cross-examined by the other side. The prosecution makes closing arguments, followed by the closing argument from the attorney of the accused. The jury then renders a guilty or not guilty decision.
Sentencing: If the accused is found guilty, the next step is the sentencing. The judge at the sentencing considers the evidence at trial; a pre-sentencing report; mitigating circumstances, if any; a statement made by the accused; and statements made by the victim or the victims' relatives to prior to making a decision.
Appeal: The accused is allowed to appeal any guilty verdicts. The prosecutor, however, cannot appeal a not guilty verdict because the law does not allow for someone to be tried twice for the same crime. This is called the law of Double Jeopardy.
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