The Job of a Criminal Defense Lawyer
May 28, 2021
When people are accused of extortion, assault, or other major crimes, it can have a negative impact on their personal lives and careers. Fortunately, criminal defence attorneys can help them safeguard their rights and ensure that they are treated fairly under the law. They can also prevent the accused from making innocent mistakes simply because they are unfamiliar with the legal system. Feel free to visit their website at Stroleny Law, P.A. for more details.
When suspects are taken into custody, they must appear in court at all scheduled hearings. Lawyers explain the implications of pleading guilty or not guilty. Lawyers may also argue that the judge should release the accused or allow them to post a specified amount of bail.
The court will then hold a preliminary hearing. Because both sides present their witnesses and evidence, this is sometimes known as a mini-trial. The judge next considers whether a group of jurors could find the defendant guilty based on the evidence presented. If this is the case, the magistrate sets a date for the trial. In addition, if the defendant is ready to make a deal to lower his or her sentence, both parties can engage on a plea bargain. This manner, the risk of earning a more severe punishment is reduced.
Before the trial, a motion hearing is undertaken to confirm the kind of evidence that will be allowed during the trial. In front of the magistrate, defence lawyers and prosecutors submit their arguments regarding the testimony used to persuade the jurors. For example, if the accused confessed under duress, the confession might be disputed by attorneys, leading to dismissal.
Members of the defence team can collaborate on how their case will be presented and how the prosecution’s evidence will be disputed. Their opening statements will be presented during the first phase. They should be informed of the prosecution’s presentation and have the opportunity to object to anything they believe is improper. They bring their own witnesses to counter the state’s evidence on their turn. When their case is finished, the judge hands it over to the jurors so that a decision can be reached.
The judge will set a date for sentencing if the defendant is found guilty by the jury. A defendant can receive anything under the law, ranging from probation to life imprisonment. There are countries or states that allow the death sentence for murder and other serious crimes. The sentencing process, however, does not end there. When lawyers discover that the courts have made legal errors, they might file an appeal.