Getting arrested and charged with a criminal offense is a very traumatizing experience, especially for those getting arrested for the first time. At Delimon Law, we field calls every day from those who have been arrested or their loved ones seeking help with their cases. We have an experienced criminal defense lawyer who is a former prosecutor and knows how to best represent the accused to make sure they obtain the best possible outcome in their case.
Understanding the Criminal Law Process
A criminal case is initiated in one of two ways. It can be simply a police officer witnessing the commission of a crime and they immediately have the suspect arrested and charged. This could be as simple as a police officer who sees a car weaving on the road and suspecting the driver of driving under the influence, pulls them over and confirms that they were, indeed, driving under the influence. In this case, the driver will be arrested and taken to city jail.
The other way a criminal case can be initiated is after an investigation. A police investigation can take place and result in officers seeking a warrant for a suspect’s arrest. To get a warrant, they must demonstrate they have more than just a hunch about the suspect, but instead probable cause to believe the suspect committed a crime. Arrest warrants mean that police officers can arrest a subject on sight.
In either case, one the suspect is apprehended and taken into custody, there are certain constitutional protections that attach to the individual. For example, if you are taken into custody, you have a right to remain silent, meaning, you do not have to answer any questions asked of you by the police or law enforcement officer. You also have a right to a lawyer and if you cannot afford one, a judge will appoint one for you.
So, if you are arrested and are in custody – meaning you cannot just walk out of the police station – it would be in your interest to call an experienced criminal defense lawyer to be by your side as you go through the criminal process.
What a Criminal Defense Lawyer Can Do for You
An experienced criminal defense lawyer will make sure all your constitutional rights are fully protected. The lawyer will review the evidence the government has against you and get information from you as well to determine the best way forward. The first thing the lawyer will do for you after understanding the facts and circumstances in your case is to try and either have the case dismissed or to have your charges or penalties reduced. This is what is known as “plea bargaining,” when the lawyer negotiates on your behalf to get resolution of the case most favorable to you.
If no agreement is reached in the plea bargaining, then the case will go to trial and the lawyer will mount a defense for you.
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