The language of criminal law is familiar to you from the news and movies, but unless you are facing criminal charges, you seldom give it any thought. Until proven guilty, innocent. Reasonable doubt. The right to remain silent. In criminal proceedings, the legal aspects are crucial. The jury is only involved in the last few if any, phases of the lengthy criminal process. the majority of clients of a Dallas criminal defense lawyer avoid jury trials. Rather, the attorneys find other solutions to their problems.
The wisest course of action if you are arrested is to use your right to stay silent and hold off until you can speak with your attorney in private about your case. Your attorney will find and use the best tactics for your case. They know what constitutes a successful result. Speak with a criminal attorney if you are being investigated for a crime or if you are being accused of one.
These are some of the most important rights of defendants in criminal cases:
- The right to stay silent, prevent self-incrimination, and decline to answer questions from the authorities.
- You have the right not to be arrested without a warrant or reasonable cause.
- You have the right to be represented by a criminal defense lawyer, regardless of whether you can afford it.
- The right to a fair trial with an impartial jury and no needless delays.
If the police or the court violated you, you may be exonerated by the jury, have particular pieces of evidence excluded from the case, or even have your charges dropped before the case even gets to trial.
Why Do So Many Defendants Plead Guilty?
Judges reject evidence that prosecutors got illegally to uphold these rights, and appeals courts reverse convictions that came about as a consequence of unfair trials. In spite of this, less than 10% of criminal defendants enter not-guilty pleas.
Why do so many defendants choose to confess guilt before a trial even begins, given that they are entitled to the presumption of innocence and that prosecutors are bound by several regulations when attempting to establish a defendant’s guilt beyond a reasonable doubt? Sentence guidelines and plea agreements provide the solution. Judges have the authority to impose sentences from a range of reasonable punishments for every criminal offense, and they typically choose less severe penalties when defendants enter guilty pleas.
Plea bargains are agreements reached by prosecutors and defense attorneys wherein a person enters a guilty plea in return for a lenient punishment. For instance, the state may guarantee that you will receive probation if the punishment for your care is jail or probation. If the punishment carries a two- to ten-year jail term, accepting a plea offer will get you two years; however, if the case proceeds to trial, you might receive a much lengthier term.
Different Types of Criminal Defenses:
The next stage after entering a not-guilty plea is to select the most pertinent and potent defense tactic. While there are variations in every criminal case, defenses to criminal cases often fall into one of three general categories:
The offense was not committed by you. Alternatively, you were someplace else, you’re not the person on the security camera film, or a witness made up an accusation against you.
Although some of the requirements for the crime are met by your acts, not all of them are met. Although you took the jewelry, it wasn’t theft because you had permission to remove it from its rightful owner. We refer to this as an affirmative defense.
There is insufficient evidence from the prosecution to dispel a plausible doubt regarding your guilt. The prosecution’s reading of the evidence is not the only reasonable one; there are alternative reasonable interpretations as well.
A witness for the prosecution has a reason or two for accusing you. The witness could, for instance, be attempting to hide his own illegal activity and might have even accepted a plea bargain or immunity from prosecution in return for his testimony.
An expungement lawyer can help you conceal your criminal record. They avoid any mistakes in criminal cases and exercise their rights. They protect you against illegal search and seizure, the right to a fair trial, and the right to avoid self-incrimination.
