Any person charged with a serious crime that could land them in prison should have a competent criminal defense lawyer. Having a strong legal strategy can help the accused exercise all of their legal rights to a fair trial. The legal system can be confusing and overwhelming to most people. An attorney thus helps the accused by providing proper guidance so that any further mistake is not made.
Once suspects are taken into custody, they have to appear in court for an arraignment. Attorneys can help them understand the reasons why they may want to enter either a not guilty or a guilty plea. The attorneys can also argue for no bail at all or ask the judge for a reduced amount. They can also assist the accused in finding options for getting money for bail.
A magistrate holds a preliminary hearing to decide if there is enough evidence to hold a trial. This is sometimes referred to as a mini-trial, because both sides can present evidence and witnesses. 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.
Both sides then argue the details of what will be allowed in pretrial motion hearings. Prosecutors and defense lawyers argue before the magistrate about the kind of testimony that can be used to influence jurors. For example, if the accused gave a confession under duress, then their attorneys can challenge it and have it dismissed.
Members of the defense team start putting together their plan on how to present their case and challenge the prosecution’s evidence. When the trail starts they help select the jury and give opening statements. They must be ready to give objections to any witness statements or evidence from other side. When the prosecution rests they can call their witnesses and turn over their evidence to the court. The judge then hands the case over to the jurors so they can reach a verdict.
If the jurors hand down a ruling of guilty, then the judge sets a date for a sentencing hearing. Depending on the seriousness of the crime, the defendant could face a sentence that can range from probation and community service to prison or in some cases even the death penalty. If their attorney feels there was any legal error made by the court, they would then begin preparing documents for an appeal.
The defendant’s legal counsel can submit a document for the appeal called a brief to a higher court. The brief outlines their reasons why the conviction should be thrown out or the sentence reduced. However, no new evidences can be introduced. Only the record of the trial can be challenged. Prosecutors also present briefs of their own, to argue why the court case should stand as it is and not be overturned.
Any person charged with a serious crime should be considered innocent, until proven otherwise in a court of law, not public opinion. Having a competent criminal defense lawyer can help them use the law to project them from wrongful prosecution. The attorney can also help the innocent put the nightmare behind them and move on with their lives.