When it comes to criminal legal defense, many people give up too early. They may do this because they fear the resources of the state, they don't trust the courts to believe defendants, or they are flat-out convinced they must be guilty if the cops charged them. If you ask a criminal justice attorney, though, you'll usually hear plenty of reasons why you should at least push the case a bit.
Making the Prosecution Do Its Job
One of the simplest reasons to present a criminal defense is to make the prosecution prove it has something. Cops and prosecutors can be complacent, especially if they believe a defendant is going to roll over.
Minimally, you should seek criminal defense assistance so you can test the case during the arraignment. This is the process where the state has to tell a judge why they believe a person committed a crime. A criminal defense attorney will then have a chance to question the laws used to charge a person, how the cops handled the arrest, and the basic evidence supporting the state's case.
If there's something buggy with the case, your counsel can ask the court to dismiss the charges. This is far from a guaranteed solution, but you should see whether the judge is buying the prosecution's case so far.
Evidence and Discovery
A judge will usually allow a case to proceed after arraignment because the prosecutor doesn't have to prove guilt beyond a shadow of a doubt at this point. However, the judge will also order discovery. This allows the defendant the chance to see what evidence the state has before going to trial.
On the criminal defense assistance side of things, this has two benefits. First, it lets a law office for criminals have a chance to see how strong the case is. You might see an overwhelming case and consider plea bargaining, for example. Second, discovery allows you to try to poke holes in the evidence. If the cops obtained evidence without a warrant, for example, your attorney could ask the court to exclude the evidence or even dismiss the case entirely.
Right to Trial
It is your right to demand that the state can prove a criminal case at trial. Even if the judge isn't receptive to dismissing the case or reducing the charges, you have the right to demand that a jury of your peers decide whether you're guilty or innocent. If your criminal justice attorney believes it will be hard for the prosecution to get 12 people to convict you, they may push for a trial.
For additional information, contact a criminal legal defense attorney in your area.
Share8 August 2022
My son and a group of his friends got in some trouble for trespassing and were arrested. Every one of the boys that were there were charged with trespassing, criminal mischief and vandalism. I contacted all of the other boys' parents and we got together to discuss the situation. After hearing the boys' stories about what happened that day, we knew that we had to hire an attorney to get the boys out of some of the trouble they were in. I have been working on my blog to help other parents that are struggling with the legal system prosecuting their kids for things that they may not have done.
