Basic Principles in Criminal Defense

Human civilization and society as we know it, has been able to evolve and make improvements in all spheres of life because of law and order. These are the twin pillars that guide every given society.

Thus, in every state or country, there is a system of leadership (that is Government). There is also, a system or body of laws that guide both the leadership, and the whole structure of the State. This is what is known as the constitution from which every other law that operates in a state sprouts.

It is from the background of the Constitution, that the Justice system of a state is built.

What is the Justice System All About?

Primarily, it is the system through which the laws of a State are interpreted. It is also the system through which disputes are adjudicated upon and offences are tried using the instrument of the law. This is done through the instrumentality of the court system.

The idea is to be able to give justice to anyone who comes before it, be it an individual, an organization or the Government.

Now, matters that come to the courts are basically classified into two, namely:-

1. Civil matters: These are disputes between individuals or between groups of individuals or between an individual and an organization or between organizations.
2. Criminal matters: These are offences against a state which are known as crimes. If found guilty by the courts, the accused is then sentenced to a defined prison time for the crime.

Understanding Criminal Defense

When a person is accused of a crime, the whole process of charging and trying the person in a court of law, is what is known as criminal litigation. You can read more on it here.

In a country like the United States, which is a federal republic, the process and procedure that litigating a crime would take, differs from state to state. Though on substance, they remain the same.

Why You Need a Criminal Defense Attorney

Without belaboring the fact, it is obvious that this process is a technical process and requires a person well versed in criminal defense to handle it. This is the primary duty of a criminal defense attorney.

It is a fundamental part of the constitution and a basic human right principle that an accused (that is, a person who has been charged with a crime) be allowed legal representation. Even where the accused cannot afford one, the court will provide an attorney for the person unless, the accused rejects any form of representation.

What to Expect from Your Attorney

The following are some of the things to expect from your attorney:-

• An in depth knowledge of the laws and procedures that guide criminal prosecution and justice system in your particular jurisdiction.
• To help you understand the offence that you have been charged with, the implications of the offence and the legal options available to you if any.
• To keep track and take care of the numerous paperwork (fillings and all) that are involved in these processes.
• To ensure that you are not taken advantage of, or be made to ensnare yourself either by the police or by a prosecuting attorney through the use of legal technicalities.
• To ensure that your rights are not violated during the period of investigation as this can be a ground for an acquittal or reduction of sentence for you.
• To represent and advocate for you during the trial proper and to explore all reasonable legal avenues possible in your defense.

Getting Yourself an Attorney

Engaging a criminal defense lawyer can be quite daunting. This is because, there is already the fear of being convicted of a crime and you want to ensure that the attorney you choose will be worth your while. Below are some tips to consider when engaging one:-

1. Experience: Inquire of the attorney’s experience in the area of crime that you have been charged with. Also inquire of the attorney’s legal team.
2. Reputation: Go for an attorney with a good reputation (in this case, a reputation for getting people out of jail)
3. Choose Within The Locality: It is important that while choosing an attorney, you choose from within your locality. In the United States, law proceedings and rules differ from state to state and thus, a good local defense attorney is greatly recommended.

Conclusion

It can be a devastating experience if you or your loved one is charged with a crime. All focus should necessarily go to understanding the offence or crime being charged and what can be done in such circumstances.

Getting a good defense attorney as early as possible is a good step which can go a long way in mitigating the situation. Who knows? It might even be the difference between jail time and freedom.