Learn About The Duties Of A Criminal Defense Lawyer
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Date: Thu, 24 Nov 2011 Time: 1:17 AM
Being charged with a serious crime such as extortion or assault can quickly cause problems in a person's personal and professional life. But criminal defense lawyers can help individuals navigate the legal system while protecting their rights to fair treatment under the law. The legal system can be confusing and overwhelming to most people. An attorney thus helps the accused by providing proper guidance so that any further mistake is not made.
Once suspects are taken into custody, they have to appear in court for an arraignment. Attorneys can help them understand the reasons why they may want to enter either a not guilty or a guilty plea. They can also try to convince the magistrate to let their clients out of jail until the trial or ask for them to be given a reduced bail.
Next, the court holds a preliminary hearing. Both the prosecutors and the suspect's legal counsel can present evidence and call witnesses. The judge then decides if there is enough cause to hold a full trial. Under some circumstances, the accused may have their legal counsel try to work out a plea bargain to avoid the risk of getting a harsher sentence if the jury hands down a guilty verdict.
Both sides then argue the details of what will be allowed in pretrial motion hearings. Both sides meet in court so the judge can decide what kind of evidence and testimony will be allowed or forbidden. Ground rules will also be established concerning how the jury will be selected.
Members of the defense team start putting together their plan on how to present their case and challenge the prosecution's evidence. Once the trial is underway they decide which potential jurors should stay and which ones they would like to excuse. After giving opening arguments, they must be ready to oppose anything the prosecution does that they feel is unfair, illegal or would otherwise hurt their case. Once they rest their case, the judge turns the case over to jurors so they can reach a verdict.
The jurors could spend a few hours or even days before deciding on whether the accused is guilty or not. Depending on the law, the defendant could be given anything from probation, to a life sentence in prison. In the most serious cases such as murder, some states or countries even allow the death penalty. Defense attorneys who believe a legal mistake was made immediately begin to file an appeal.
Defense attorneys start their appeals by writing a document called a brief and turning it into a higher court. In it they argue why the conviction should be voided or the sentence reduced or overturned. They can only challenge the record of the proceedings and cannot introduce new evidence. Prosecutors also file a document, saying why they believe the appeal should not be granted.
Being charged with a serious crime can be devastating and it can ruin the person's personal life and career and could also ruin them financially. A competent defense attorney can help protect their civil rights by making sure they get a fair and unbiased trial by a jury of their peers.
About the Author
Looking forCriminal Defense Attorney Carson City Nevada ? Get instant DUI legal advice by visiting joeygilbertlaw.com. Gilbert's work ethics are dedication and persistence which have helped him acquire every goal and challenge set in front of him. He has practiced law since 2004 in numerous areas; however, he focuses on criminal and civil trial practice and specific areas of sports and entertainment law. Joey Gilbert & Associates was formed with one thing in mind, Deliver the highest quality legal representation in all areas of the law through efficient, aggressive and honest lawyers.
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