Facing criminal charges is one of the most stressful experiences a person can go through. Whether it is a simple possession charge or something more serious, like white-collar crime, a person’s reputation and freedom are on the line. Having an experienced attorney is vital to defending a case.
A criminal case is a legal proceeding in which the federal, state or local government prosecutes someone for committing a criminal offense. A prosecutor, employed by the government, must prove a defendant’s guilt beyond a reasonable doubt. A person may be sentenced to imprisonment, a fine or community service.
Every case is different, but a person who is charged with a federal or state crime must go through the same basic legal process. An accused person will first appear before a judge, usually a Magistrate Judge at an initial appearance within 48 hours of being arrested. The judge reviews arrest and post-arrest investigation reports, advises the accused of the charges and determines if there is probable cause to believe that the accused committed the offense.
If an accused person does not have a lawyer at this stage, the court will appoint an attorney. It is essential that an accused person communicate with their lawyer regularly, ensuring they provide them with the information necessary to defend their case.
An experienced lawyer will evaluate all available evidence and witness statements, identifying potential legal issues to challenge at trial. This includes determining if police violated an accused person’s rights, such as by searching their property without a warrant or probable cause, in violation of the Fifth Amendment to the United States Constitution, or by collecting inadmissible evidence.