Retaining a criminal defense attorney is critical when an individual has been or is about to be charged with a crime. They understand this aspect of the law and their representation is crucial for a reduced sentence or verdict of not guilty.
A criminal defense attorney represents an individual in court when they have been charged with a crime. This includes felony’s and misdemeanors. Depending on the crime the individual may be fined, sent to prison or receive the death penalty. The U.S. Constitution states every individual charged with a crime will be given the representation of a lawyer.
The field of criminal law is complicated because it involves both federal and state legislation. The crimes and punishments are often set by the individual states. The exceptions include injuring a federal employee and damaging federal property. The average individual will be unable to comprehend the process of criminal justice and criminal law. It is imperative an attorney be retained for the possibility of a not guilty verdict.
Individuals can represent themselves in a court of law. This is a bad decision because they will have poor legal representation leading to serious consequences. The best solution is to retain criminal defense attorneys Asbury Park NJ. A misdemeanor is considered a lesser crime and may result in a brief jail sentence or fine. A felony is serious and can lead to a long prison sentence. It is critical to have the representation of an experienced attorney.
A criminal defense attorney provides representation through the pre-trial process. Many individuals retain an attorney prior to being charged during the investigation. This occurs when the individual believes they will be charged. The attorney represents the individual while they are being questioned by the authorities to ensure no incriminating evidence is revealed.
A criminal defense attorney may be able to convince the court to drop the charges. This can happen due to improper procedure or insufficient evidence. The police cannot make an arrest without probable cause. This means the reason they believe the individual committed the crime must be compelling. These attorneys understand the definition of probable cause. They may be able to challenge the officer investigating the crime scene and making the arrest. This can lead to all charges being dropped.
Many individuals are detained while waiting for trial. A criminal defense attorney can convince the court to set, waive or reduce bail. Once the bail has been paid the individual will be released from custody. If the individual is certain they will be convicted the attorney can plea bargain with the prosecution. A plea bargain is an agreement negotiated to reduce sentencing or charges to a lesser crime. An attorney increases the chances the punishment will be reduced.
Some jurisdictions will attempt to charge minors as adults. This is especially true in assault cases. The attorney can often negotiate a deal to ensure the individual is charged with juvenile assault.
Whether the individual is facing a misdemeanor or felony their best chance is to hire a criminal defense attorney. They analyze the case, find any weaknesses and employ the right strategy for defense.