Your criminal defense attorney will help you through the entire legal process, from arrest to appearance before the judge. You may hear some legal jargon that’s unfamiliar to you throughout this process. To avoid confusion and embarrassment throughout the arrest, litigation, and sentencing process, it can help you re-examine the meanings of some key legal terms for process aspects.If you would like to learn more about this, please check out Miranda Rights Law Firm.
Although you are probably familiar with this term, you may not be aware that your arrest does not mean that you are presumed to be guilty; it simply means that you have been charged with a crime and are being taken into custody. If you suspect an imminent arrest, it is best to seek out a criminal defense attorney before the arrest occurs so that you can be advised on how to handle the situation and possibly negotiate on your behalf to avoid the arrest.
This is the case of an arrest in which the police escort you to the station, detach you from your personal possessions, take photos (or mug shots) and collect your fingerprints. If the crime you were accused of is a misdemeanor, you may actually be released after reservation. In certain cases, until a court date, or before bail is issued, you’ll be held in jail. It is likely, under certain cases, that a criminal defense attorney will agree to release you on your “own approval” until that date.
You will be asked to come to court for an arraignment after a waiting period. This initial court appearance will serve to inform you of the details related to the charges brought against you. At this time, a copy of the allegations will be given to your criminal defense attorney, as well as any other documentation related to the crime you are being charged with.
It is important to remember that you might be told by your counsel to bargain differently from what you might expect. For example, even though you are admittedly guilty of the crime, an attorney can propose a “not guilty” plea to lay the burden of proof on the prosecution. Basically, if your lawyer feels it will be hard for the prosecution to prove your guilt, a plea “not guilty” might well be in your best interests. If your case ends up in court, any doubt in the minds of the jurors about your guilt should prompt your release.
Any information or evidence obtained illegally is disallowed from being used for prosecuting or defending you. Part of the job of an attorney is to determine if any such details are being used by the prosecution as well as to make sure they don’t try to use such information to defend you.
When your criminal defense attorney guides you through this often frustrating process, when you understand the basic steps involved, you will at least feel a little less irritated.