Steps Taken by Criminal Defense Attorney in Your Defense
A criminal defense attorney in our office can represent you after you are arrested. It is best to call our office immediately, even from jail, to ensure proper and adequate representation. The sooner you call, the better. While you can work with a public defender, they tend to be overworked and cannot give your case the attention it needs. Hiring a private attorney ensures you receive the best possible representation and defense. Below are a few of the major steps one will have to go through upon hiring an attorney.
#1. MEETING OR CONSULTATION
The law gives individuals the right to call an attorney from jail. It is wise to do so and not to speak with anyone without having an attorney present. Anything one says can be used in court and often will be. Thus, keeping everything to oneself until an attorney is there to offer protection is the best option.
#2. BAIL HEARING
There will be a hearing before a judge in order to determine the price of bail. A right afforded by the Constitution, bail allows for someone who is innocent until proven guilty to not remain in prison until that point. Forcing someone to remain in jail is treating them as though they have been convicted. In this way, bail makes it possible for people to be released with a financial incentive to return for all court appearances.
#3. DISCOVERY
The discovery process involves gathering evidence to prove innocence or create reasonable doubt. An attorney needs to identify witnesses, interview witnesses, ensure professionals complete forensic tests and gather any other evidence that demonstrates whereabouts in front of a judge. Without an effective discovery phase, the individual will not have a proper case to present in court.
#4. PRE-TRIAL MOTIONS
A judge will hear motions before the trial begins. These are on factors such as what evidence is allowed to be submitted and even where a trial will be held. These motions can influence the outcome of a case, making it important to be represented by an attorney long before the trial begins.
#5. NEGOTIATIONS
It is typically possible to negotiate with the prosecution prior to a trial commencing. If concerned about the possibility of being found guilty, it may be best to enter into a plea agreement and accept a lesser charge. This is a very personal decision to make and one that an attorney can guide you on but cannot decide for you.
#6. JURY SELECTION
The jury selection process is important from the need to have an impartial jury hear the case. Both the defense and prosecution have the opportunity to dismiss potential jurists if any of them display bias.
#7. TRIAL
Hiring an experienced criminal defense attorney is in your best interest because most attorneys do not try cases in court. Contrary to popular courtroom dramas, most attorneys spend their days negotiating, handling paperwork and keeping clients out of court. As such, you need an attorney who is comfortable before a judge and jury.
#8. SENTENCING
A jury will rule on innocence or guilt after hearing the evidence presented by the prosecution and defense made by a criminal attorney.
#9. APPEAL
If the outcome is less than desirable it may be possible to appeal.
GET HELP TODAY
Call our office and speak with a criminal defense attorney today in order to protect your rights and your future. We can answer questions you may have, go over legal options in detail and begin to build your defense.
NOTE: This is for informational purposes only and does not constitute legal advice.