What You Need To Know About Criminal Defense
When you commit a crime or a felony and are arrested, you will be charged in court. When this happens you will need the services of a criminal defense attorney. Such an attorney is very important in your defense because the way he or she handles your case will determine the outcome of the case. Equally important is for you to understand how the criminal justice system works too. This article will discuss the criminal justice system and all you need to know about it in case you are looking for an LA criminal defense attorney.
The criminal justice system is a system that consists of three parts. These parts are the judge and jury, the defense attorney, and the prosecutor. The judge and jury are tasked with ensuring that an impartial decision is rendered and the decision made is based on presented facts and the applicable laws to the charged offense. It is, therefore, important that the judge and jury be able to hear arguments and facts presented from both sides involved in the case. The defense attorney, on the other hand, is tasked with the responsibility of arguing on behalf of the defendant. When the defense lawyer is available, the defendant does not need to prove his or her innocence. In other words, the responsibility of proving that the defendant is innocent lies on the defense attorney. The prosecutor is tasked with proving on the state’s behalf that the defendant is guilty of the crime he or she is charged.
You should also know that in any case, it is recognized by the criminal justice system that the state asserts ultimate authority over a single individual. The defense observes the assertion of this authority by the state, making sure that it is not abused. There are a couple of safeguards that are set to ensure that the state does not abuse its authority. These safeguards are:
– The defendant has the right to ensure that he or she is not mistreated and that he or she is given the opportunity to defend themselves in a court.
– The defendant does not have to present any evidence in court or testify, therefore, giving his or her version of events. The jury, therefore, should not consider the decision by the defendant not to testify.
– It is the role of the prosecution (the state) to present evidence and prove beyond reasonable doubt that the defendant is guilty of the charged crime. This is called the burden of proof.
– There are a number of procedures that have been formulated to guide the whole process of investigation and arrest. These procedures are there to ensure that the defendant is correctly charged with a crime that he or she actually committed.
Safeguards can be violated and ignored. It is the job of the defense to ensure that the state does not violate or ignore any of these safeguards. The defense lawyer does this by:
– Challenging any errors in procedure and ensuring the dismissal of the charges because the testimony or evidence is unreliable.
– Presenting evidence and testimony in the court that can challenge the arguments of the prosecutor. The defense attorney also challenges any facts that were asserted by the prosecutor. The defense does this to ensure that defense is defeated by the high burden of proof it is meeting.
– Informing the defendant of his or her rights. The defense also defends all those rights ensuring that they are not violated.
Importance of the Defense Attorney
You might be asking yourself why it is important for you to require the services of a criminal defense attorney. Well, to answer this, you need to know that a defense lawyer is your first line of defense when facing the state. It is, therefore, important that you look for a defense attorney as early enough in your case as possible. Advice from a defense lawyer and his or her arguments can protect you from a guilty conviction early enough. The defense attorney is also able to seek your temporary release from jail through bail. This will allow you to assist in setting up your defense. Other than that, the defense lawyer will help protect your rights by informing you of them, making sure that you know how to benefit from them. A defense attorney is also important because he or she can negotiate a plea or even have your charges dropped by the court.