A Criminal Defense Lawyer Can Help You Defend Against a Misdemeanor Charge

A misdemeanor isn’t as heavy as other crimes but you can be charged for it and this will become part of your permanent record. Fortunately, you can fight it with the help of a criminal defense lawyer.

When you are charted with a misdemeanor, you are given a citation which states the date and time that you will appear in court.

Do you have to see a lawyer? Some people do so immediately so they can be guided throughout the process. For that, you have to hire one. Surely you can get somebody because if you don’t, a state appointed lawyer will be the one to help you but they don’t do that well compared to private counsel.

For you to quality a state appointed counsel, you will have to fill up a form. You will also be required to reimburse the state for the legal services of the public defender.

When you finally hire a lawyer, tell them what happened because only then will they be able to figure out a strategy to help you out. For instance, your lawyer can argue that illegal items that were found in your possession were planted. If that is the case, during the arraignment proceedings, you will enter a plea of not guilty.

What is the difference between a plea of guilty and not guilty? If you enter a guilty plea, you give up the right to a trial since you admit to the crime. However, when you plead not guilty, you will stand trial and the jury will decide whether or not you are really guilty of the crime.

Here, the prosecution will be bringing in witnesses, police reports and the evidence. Your criminal defense lawyer will have the chance here to dispute the findings and if he or she is successful, reasonable doubt is achieved and your chances of getting a not guilty verdict become higher.

Once the closing arguments are made, the jury will now deliberate. If you are found to be not guilty, then you walk. But if you are guilty, then you will be sentenced shortly which may mean paying a fine, spending some time in jail, doing community service and placed on probation. You can appeal your case of course which will be done by your criminal defense lawyer.

The objective in this proceeding is to get you a not guilty verdict so you don’t have to spend time in jail. However, if you are guilty and given the option to make a deal, perhaps you should take it.

The process of facing a misdemeanor charge is the same even if you are below 18 years of age. The only difference is that a parent or guardian is also present together with your lawyer when you have to face the judge.

Since being charged with a misdemeanor isn’t that serious, some people decide to represent themselves. If you decide to do this, make sure you are familiar with the law and the procedures involved in your case because during trial, no one will help you or advise you on what you should do. But if are not sure how the legal process goes, why trouble yourself when you can hire a criminal defense lawyer who does this for a living.

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What Is a Criminal Defense Lawyer

What is a criminal defense lawyer? He or she is a legal professional who organizes a case in order to represent a client who is accused of a crime.

These crimes include sex, drug and violent offenses which are things that are not approved by society as seen in this country’s laws.

The job now of the criminal defense lawyer is to fight for the client by defending the client in open court in a jury of their peers. In some cases, this person is successful when the jury gives a verdict of not guilty. Other times, the jury will say that the accused is guilty.

If the jury does not have a unanimous decision, the judge has no choice but to call for a retrial. Should there by a mistake made in the trial such as the selection of the jury, the judge will say that it is a mistrial and once again, both sides will have to start over and present their case.

There are instances where the criminal defense lawyer and the prosecutor don’t have to settle this matter in court. This may happen as both sides have an agreement and this is approved by the judge.

But how does this all happen? First, a crime has to be committed. Law enforcement authorities will then have to figure out what happen and if they have enough evidence, a suspect is arrested.

The person who is arrested has the right to remain silent during questioning until their lawyer is present. If the person cannot afford one, then a lawyer will be provided so even those who don’t have money will be properly represented.

The sixth amendment in the bill of rights state that anyone who is arrested has the right to a speedy trial and this has to be done where the crime was committed. After being arraigned, the criminal defense lawyer will now conduct an investigation by interviewing witnesses, reviewing police reports and any other evidence that is related to the case.

The suspect that is charged with the crime can only be convicted if the case presented by the district attorney’s office is very convincing. This means that a criminal defense lawyer can get a not guilty verdict by putting holes into the defense of the prosecution. When this happens, the client is freed. Should things go the other away, the criminal defense lawyer can make an appeal to the higher court regarding the lower court’s conviction.

Can anyone become a criminal defense lawyer? A lot of experts say no because unlike other specializations in the practice, some find it very intimidating especially when the client that you have to represent is actually guilty of the crime. But given that you are that person’s attorney, it is your duty to defend the accused to the best of your ability from start to finish.

Given that crime of all sorts and nature occur, some have set up their own law firms that specialize in criminal law. Most who graduate from law school work for the government and are often referred to as “public defenders.”

How much you earn as a criminal defense lawyer varies. This depends mainly who your client is because if you are  defending a millionaire, you can charge a lot for your legal fees while someone who doesn’t earn much will be able to only give how much is in their wallet.

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What a Criminal Defense Lawyer Can Do For You

If you are accused of a crime, the only person that can help you out is a criminal defense attorney. This is because you are not familiar with how the judiciary system works which makes it hard for you to represent yourself in open court.

This is because a lot of the legal rules are hidden away in court interpretations of federal and state constitutions. A good example is whether or not the search of your home was reasonable. It can only be considered a good search if the police obtained a warrant otherwise anything found is not admissible in court.

Given that the criminal defense lawyer has crossed swords with the prosecution in the past, they are already familiar with the tactics that the opposing party will be using and be prepared for it.

As you can see, it is a very specialized field and there are many things that need to be checked out by your criminal defense lawyer before you are given a guilty or not guilty verdict.

When your case has been given to them, you will be asked what happened. You will have to give your version of the events that took place. After listening, they will provide you with a reality check especially what will happen should the case go to trial.

They will then review the police report, interview witnesses and examine the evidence. Since it is hard to look at everything on their own, they sometimes have researchers do it.

When you are arraigned in court, you are required to submit a plea. You could plead guilty or not guilty while some do not give one yet and then prepare for the trial date.

If the evidence against you is overwhelming, perhaps your criminal defense lawyer can negotiate so you can get a lighter sentence or reduced charges. This can only happen if this is your first time or you have a criminal record and you have something to trade.

For those who want to go to trail, the criminal defense lawyer will now prepare your defense. This may sometimes mean taking up your stand and telling the court the events that took place. This may be risky so before hand, you will be briefed on what to say.

Witnesses will be presented. Some of these people will be able to aid in your defense while others will be against you so another job that the criminal defense lawyer will do is cross examine them in order to cast doubt in the testimony they are giving.

The trial is almost over when the criminal defense lawyer and the prosecution give their closing arguments. The jury will then be given time to deliberate the case so you will know the verdict when they come back into the court and read it.

If you get a not guilty verdict, the criminal defense lawyer was able to do their job since you are a free man. But if you are guilty, then the next step is to appeal the decision to a higher court and hopefully, they will overturn that decision.

What a criminal defense lawyer does is not easy because the person they are helping out could commit a similar crime again or even worse in the future. Sadly, this is how the justice system works because everyone has a right to counsel and tried before their peers.

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