What is Criminal Defense?
\nThe legal defenses offered to those who have been charged with a crime are known as criminal defense law. The resources available to government prosecutors and law enforcement are vast. Without sufficient defenses, the government would hold a disproportionate amount of authority inside the legal system. Currently, a criminal defendant\u2019s fair treatment frequently depends more on the ability of their defense attorney than it does on the actual legal protections offered to them.<\/p>\n
The prosecution in a criminal case is always \u201cthe state.\u201d A prosecutor, who represents \u201cthe state,\u201d will make an effort to get a conviction on the most serious charges permitted by state law.<\/p>\n
Every defendant is entitled to legal representation in criminal court, where their case will be heard under the Sixth Amendment of the U.S. Constitution. The criminal defense lawyer has the responsibility to lawfully defend their client against the state\u2019s accusations as the defendant in the case. All of the state\u2019s claims must be supported \u201cbeyond a reasonable doubt,\u201d according to the law. Every defendant has the right to have a jury decide their case in the vast majority of serious criminal cases.<\/p>\n
Rights Under the Constitution
\nOther than the Sixth Amendment, those facing criminal charges have other rights under the United States Constitution. Defendants have protected rights under the Fourteenth, Fourth, Fifth, Sixth, and Eighth Amendments that must always be upheld and cannot be violated by the government (prosecution).<\/p>\n
FOURTEENTH AMENDMENT RIGHTS
\nThe basic right under the Fourteenth Amendment provides every individual due process under the law. Due process, at its most basic reading, states that everyone has the right to be heard. This means that each accused has the right to a trial, to present evidence, including witnesses, to testify on their behalf (if they choose), and they have the right to subpoena people to appear in court\u2014this can even be the police.<\/p>\n
Another right under the Fourth Amendment is the equal protection clause. This states that the government must treat each person equally. The state cannot favor one person over the other based on race, sex, or age.<\/p>\n
FOURTH AMENDMENT RIGHTS
\nThe Fourth Amendment is very straightforward and protects people from unreasonable searches and seizures. These lines can sometimes be crossed and stretched by the police when arresting someone. An attorney will be able to review the arrest to see if any constitutional rights were violated. Additionally, the Fourth Amendment requires, in most circumstances, a search warrant.<\/p>\n
FIFTH AMENDMENT RIGHTS
\nThe Fifth Amendment most notably prevents double jeopardy. This means that a person cannot be tried more than once for the same crime. Once a person is acquitted of the crime after a trial, the prosecution cannot retry the case. The Fifth Amendment also requires that all felony cases should have a pretrial hearing by a grand jury.<\/p>\n
Additionally, the Fifth Amendment gives suspects protection from having to answer any question that can be used against them. A suspect will never be forced to discuss a crime if it exposes them to criminal prosecution.<\/p>\n
EIGHTH AMENDMENT RIGHTS
\nThe Eighth Amendment covers sentencing and bail limits. It states that judges must set reasonable and consistent bail amounts. Additionally, the Eighth Amendment also puts a limit on sentencing\u2014the sentence must fit the crime. An example of disproportion would be receiving a 10-year sentence for stealing a loaf of bread.<\/p>\n
Lastly, the Eighth Amendment also states that no government actor should engage in cruel or unusual punishments toward the accused or incarcerated.<\/p>\n
Obtaining a Release from Jail
\nEveryone has heard the phrase, \u201cinnocent until proven guilty.\u201d Most people that have been arrested want to avoid jail until their trial. Regardless of guilt, until the state proves the charges, defendants should not have to sit in jail.<\/p>\n
There are many disadvantages to being in jail before a trial. Individuals cannot communicate with their families, they can no longer work, and it can be difficult to work with a criminal defense attorney when incarcerated.<\/p>\n
The defendant must post bail to be released from custody while the case is ongoing. Bail is simply \u201cgood faith\u201d money that the court accepts as collateral to guarantee the defendant will appear in court for all subsequent hearings in the case. The bail money is lost if the defendant does not appear at their court dates. A defendant who is unable to pay bail may engage a professional bond company or request that the judge lower the bail amount. If it can be demonstrated that the accused is deeply rooted in the neighborhood and does not pose a threat to others, judges may agree to lower bail.<\/p>\n
Plea Bargaining
\nAccording to recent statistics, roughly 95% of all criminal cases are settled before trial. The process of settling a criminal case is through plea bargaining. This is when the prosecution and defense agree to a deal where the defendant generally pleads guilty or no contest in exchange for reduced penalties. When a defendant admits guilt, they forfeit their right to trial.<\/p>\n
Plea bargaining is a way for courts to resolve cases promptly and avoid additional court costs and legal fees. Due to the number of active cases, the criminal justice system relies on plea bargains to keep the volume of cases at a reasonable amount.<\/p>\n
The main downfall to plea bargains is that they may cause innocent people to otherwise plead guilty to avoid trials and costs. Additionally, most people are unaware of their rights and what pleading guilty means. It is always wise to discuss any potential plea with a criminal defense lawyer before accepting it.<\/p>\n
Winning a Case at Trial
\nWhen a plea cannot be reached, or one party is not susceptible to discussing an agreement, then the case will go to trial.<\/p>\n
Throughout the trial, your defense attorney will make appeals to the members of the jury about the case\u2019s key concerns. Every criminal defense lawyer aspires to create the best theory and successfully communicate it to the court at trial. When the defense employs a strong defense, they will likely succeed.<\/p>\n","protected":false},"excerpt":{"rendered":"
What is Criminal Defense? The legal defenses offered to those who have been charged with a crime are known as criminal defense law. The resources available to government prosecutors and law enforcement are vast. Without sufficient defenses, the government would hold a disproportionate amount of authority inside the legal system. Currently, a criminal defendant\u2019s fair […]<\/p>\n","protected":false},"author":2,"featured_media":342,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"layouts\/practice-areas.php","meta":{"_acf_changed":false,"footnotes":""},"acf":[],"yoast_head":"\n