A criminal charge is a formal accusation made by governmental authorities that asserts a person has committed a crime. These charges vary in severity, ranging from petty misdemeanors to serious felonies, and so does the response required to fight them. The specific nature of the charge will determine the defense strategy, possible plea bargains, and potential penalties upon conviction. Therefore, understanding the specific laws you're alleged to have broken is the first crucial step in fighting a criminal charge.
The law is intricate, and defending yourself in court, a practice known as pro se representation, is generally discouraged. A criminal defense attorney provides much-needed expertise, understanding the subtleties of the law, court procedures, and the necessary defense strategies. They will be familiar with local court customs and personnel, including the prosecuting attorneys and judges, which can provide some advantage. Attorneys also act as a buffer between the defendant and the court, reducing the potential for self-incriminating errors.
Evidence is the cornerstone of any criminal defense. Once you've enlisted legal representation, your attorney will embark on a fact-finding mission, reviewing the prosecution's evidence and seeking additional evidence to counter the charges. This investigation can involve interviewing witnesses, obtaining surveillance tapes, collecting expert opinions, and reconstructing the scene of the alleged crime. This process aims to find flaws in the prosecution's case or to gather enough evidence to establish a reasonable doubt in the mind of the jury.
Every person accused of a crime in the United States has certain constitutional rights. These include the right to remain silent, the right to a speedy and public trial, the right to confront accusers, and the right to legal counsel. Understanding these rights is fundamental to fighting a criminal charge. If your rights are violated at any point in the legal process, from arrest to trial, it may result in the dismissal of charges or exclusion of certain evidence.
Armed with a deep understanding of the charge and relevant evidence, the defense team will formulate a strategy tailored to the case at hand. This may include affirming an alibi, disputing the facts presented by the prosecution, or employing legal defenses like self-defense or insanity. Your attorney will guide you on the best course of action, considering the potential implications of each strategy.
Not all criminal charges end in a court trial. In many cases, the defense and prosecution reach an agreement known as a plea bargain. This typically involves the defendant pleading guilty to a lesser charge or to one of several charges in return for a more lenient sentence. A competent criminal lawyer will negotiate the best possible plea bargain, but the final decision to accept or reject the offer rests with the defendant.
If a plea bargain isn't reached or isn't in the defendant's best interest, the case will proceed to trial. Preparation involves reviewing all the collected evidence, coaching witnesses, developing arguments, and anticipating the prosecution's strategy. Mock trials may be performed to rehearse the defense's case, refining the presentation and arguments.
Once a verdict is delivered, the fight may not be over. If convicted, there may be grounds for appeal, particularly if there were errors in the legal process, if new evidence comes to light, or if the defense believes the verdict was against the weight of the evidence. Post-trial procedures can also involve sentencing hearings, where the defense has the opportunity to present mitigating factors to argue for a lighter sentence.