Sometimes people’s lives can be turned upside down with an unexpected arrest or finding out they have a warrant for their arrest. Often, the person knows that they are not guilty and their first instinct would be to start talking in attempt to convince the law enforcement officer that there is a misunderstanding. In these cases, a good criminal lawyer may be the difference between an outcome of innocence and guilt.
When arrested, it is your right to have your Miranda Rights read to you. Be sure to recognize your rights and understand them clearly before saying you do. You will need to remember that you have a right to one phone call and a lawyer if you cannot afford to have one. Speak when spoken to, but only state that you want to speak to an attorney.
During the process called the arraignment, the formal charges you are facing will be stated to you. The attorney is responsible for making sure that everything is taken care of, and it is best here to be seen and not heard. Understand how your lawyer will be handling the situation before going into the courtroom. Judges frown on unnecessary interruptions during sessions.
When you plead not guilty, then the real defense process begins. This involves the gathering of evidence on both sides of the courtroom. Statements, witnesses, photographs, and many other things are collected to prove your innocence. The jurisdiction of the judge and jury will be assigned and your case will then proceed accordingly.
You have the right to a judgment by your peers, in other words, twelve persons of your local community that will determine your being innocent or guilty. Your representative in court will ask questions that will determine whether or not a witness is indeed being truthful or not. Persons who have taken an oath to be on the stand will need to remember that they are there as a witness, not because they are your friends or enemies.
The trial time and date will be issued during the arraignment. If you are unable to attend the court date due to health conditions, the judge may make arrangements for a web video feed for your presence. There are situations where the court cases have been brought to the defendant. They are similar to the idea of closed circuit television.
The last day of the court session is when the verdict is read. Persons found guilty will be issued a sentence. It is your lawyer’s job to ensure that your case has been presented thoroughly and that reasonable doubt has been raised. The jury will deliberate and then once a unanimous decision is reached a verdict will be issued.
When you are charged with a criminal offense there will be a lot of uncertainty and anxiety surrounding your situation. You will be faced with the potential of incarceration, and this is very unsettling to most people. When you are prosecuted for a crime, it is always recommended to have a reputable criminal lawyer to represent you and ensure that your rights are protected.