The Criminal Defense Process

In order to assure that criminal trials are fair, both prosecutors and defense attorneys are held to a complicated set of rules. The complexity of these rules require that a defense attorney should have expertise and experience in criminal law. A defense attorney should be involved in a case as soon as possible- ideally, even before police have questioned a person. When an individual is arrested, if law enforcement officers wishes question the arrestee they required to inform the arrested person of their right to have an attorney present, the right to remain silent and the right to have an attorney appointed if they cannot afford legal representation. These warnings are called “Miranda warnings”, after the 1960s Supreme Court case that first required them.

Cases involving child defendants are often handled by the juvenile justice system. This system generally provides the same protections as the criminal system but focuses on rehabilitation over punishment. Many criminal defense lawyers work in both justice systems, while others focus on one type or the other.

It is sometimes possible for a defendant or defense attorney to negotiate with the government. The prosecutor may agree to drop charges if the defendants pleads guilty to a lesser charge. In all cases, the decision to plead innocent or guilty rests with the defendant.

If a defendant is found guilty, he or she may be sentenced to a period of probation, a fine, community service, restitution or other payment, or prison time. Crimes such as murder can be punishable by death. A small number of federal crimes (such as treason) are also punishable by death. An experienced lawyer works to find the best possible resolution for their client. If a plea bargain is not possible, the lawyer will fight in court for their client to convince the jury that there is reasonable doubt as to whether the defendant is guilty.

The possible consequences of a criminal conviction are extremely serious, and if accused of a crime, you can find yourself in confusing and frightening circumstances. To protect your legal rights and your future opportunities, you should immediately seek the assistance of an attorney with experience in criminal defense. Even if the charge seems minor or you are convinced your innocence means you have nothing to hide, the seriousness of the situation demands that you contact an attorney.