Why You Need The Representation Of A Defense Attorney
When a person suddenly finds them arrested, they will often
panic and start trying to defend themselves to law enforcement. This is
definitely the wrong thing to do because you own the right of remaining silent
so that your words can't be held against you. Let's take a quick look at some
of the other details involved in defending yourself successfully with the use
of a reputable defense attorney.
While you are being arrested, the law enforcement officer is
supposed to read you your rights. The important thing to remember is that you own
the right of remaining silent, and to have a legal aid. You are also entitled
to make a phone call, and in order to make sure it is not wasted, you might
want to make it a person you can trust to find the best lawyer for you. Once
these matters are handled, you must remain silent.
When your defense attorney has been retained and begins to
represent you, there will be an arraignment where the charges against you will
be read and entered into the court records. During this time your bail is
established, and the lawyer should attempt to make it as low as possible. The
judge has the final say over this, and if you can make bail you can be released
instead of going back to jail.
After pleading not guilty, the defense process begins and
both sides are to exchange information that is involved in presenting your side
of the story. Statements, depositions, photos, witnesses and anything else that
can help in proving your innocence, will be gathered and examined as evidence.
If you elect to go to trial, your case will be heard by a
jury. When you decide to take this route, 12 people will be selected for jury
duty to hear your case. You are entitled to a trial by jury of your peers, and
your attorney will interview each of them during the selection process. He will
query them to make sure there is no conflict of interest which could harm your
case.
Under usual circumstances, the defendant is required to
appear in court for each day of the trial, for the duration of the proceedings.
In the event that it is not possible for you to appear in court, due to some
illness or medical condition, the judge can arrange what amounts to closed
circuit television where each side of the broadcast can hear and participate in
the hearing.
Should you be deemed guilty by the jury, there will be a
sentencing hearing where your lawyer will make every effort to get a reasonable
sentence. In most cases, time already served can be deducted from the full
term, and your representative should immediately petition the court for the
appeal process.
The most important thing to remember if you are arrested for
any charges is to exercise your right of remaining silent, and not discuss your
case with anyone but your attorney. You can make one phone call, and you should
choose someone you know who will be available at the other end to start helping
you find a reputable and experienced defense attorney to represent you.
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