When people face kidnapping charges, assault charges or other serious crimes, this may impact their private life and career. Fortunately, lawyers in the criminal defence field will defend their interests and encourage them to be handled equally according to the law. Besides that, they will keep the accused from making innocent errors only because they don’t know the legal system.
When offenders are placed in gaol, they must be present in court while a hearing is taking place. Lawyers let them know the repercussions of whether to plead guilty or not. There might also be a debate among lawyers about the judge releasing the accused or allowing them to post any amount as bail. Check out Law Offices of Keith Hirschorn, P.C. to learn more.
After that the court holds a preliminary hearing. This is often called a mini-trial, where the competing parties present their evidences and witnesses. The judge then decides on whether a jury of jurors may find the defendant guilty based on the evidence presented. If so, the judge shall schedule the trial for a particular date. And, in case the defendant is able to come up with an offer to mitigate his / her sentence, the sides should agree on a plea bargain. And the possibility of getting a tougher sentence is eliminated.
Before the trial a motion hearing is held to check the kind of facts permissible during the trial. Defense attorneys and prosecutors make their points about the evidence used to convince the jury before the judge. As an example, lawyers will dispute this when the accused confess under pressure, which can lead to dismissal.
Legal team members will consult together on how their case can be taken forward, and how the prosecution’s evidence will be tested. They will give their opening statements during the first process. They should be aware of the prosecution’s request and object to something they find to be inappropriate. They present their own witnesses during their turn, to question the state’s facts. This is turned over by the judge to the jury, so that a decision can be made, the moment their case rests.
In case the jury considers the defendant guilty, the judge will set a date for the sentencing. A offender will get something depending on the statute, which ranges from probation to life imprisonment. There are countries or states that authorise death penalty when it comes to murder and other heinous crimes. The sentencing phase doesn’t stop there, though. Once attorneys find out the courts have made legal errors, they will begin making an appeal.
Defense attorneys may send a brief or legal document to the higher court to demonstrate their appeal. This lists the reasons why the penalty should be shortened or why the conviction should be overturned. Since there is no additional evidence to show, only the record of the trial may be called into doubt. The appeal must be made after the conviction, so that any delays can be prevented. Prosecutors also file a brief to back up the sentence and conviction.