A federal charge is an accusation of violating federal laws or various state laws. Once found guilty, a court of law sentences and places the accused under a severe penalty. According to one study, more than 90% of defendants are convicted. With that said, a lawyer with extensive experience and credibility should defend the accused in a federal case.
If you’re a law-abiding citizen, you never want to be charged by someone in a criminal case. The entire ordeal can be a nightmare. Prison won’t just scar you but will ruin your reputation for life. If you’re in this situation right now, you may feel helpless. This article can show how a criminal defense lawyer help you face it.
They Can Provide Legal Counsel
Before a possible trial, a criminal case lawyer can give you legal advice that can help your case. They research case law and can even try to negotiate with the prosecution for a possible settlement. If your legal counsel cannot achieve a plea for reconciliation, they will defend you in a court of law. Law firmslike the Law Offices of Robert Tsigler can help you reach a decision in your favor when charged with a criminal case.
They Can File A Motion
Before a trial, either party can file a motion that can affect the proceedings. This can be brought by a variety of circumstances. These are some examples:
- Motion To Dismiss: This is an attempt of the defense that can be requested and approved if the prosecution lacks valid evidence or facts related to the allegations being presented.
- Motion To Suppress: This can be an attempt of the defense to suppress the validity of the prosecution’s presented evidence. For example, if the police officer who issued a search on the accused but had no search warrant, any evidence found during the search can likely be excluded from the trial as a violation of Fourth Amendment rights, ensuring protection of its citizen from unreasonable seizures and searches by the government.
- Motion For Reconsideration: This motion is an attempt to request the judge to review the previous decision before the final judgment is placed. The defense can request this whennew evidence that wasn’t presented during the trial.
You may have heard the motion for reduced bail before, but unfortunately, there’s no bail for federal cases. Federal cases are considered capital offenses by the federal court.
They Can Defend You In Court
Criminal case lawyers are ethically bound to defend their clientsin their time of need, whether one is the victim or the accused. The United States 5th, 6th, and 14th Amendments indicate that no one shall be deprived of life, liberty, or property without due process of law.
The prosecution is expected to discuss not the factual guilt (whether the accused did the crime) in the trial but prove legal guilt beyond a reasonable doubt. They’re expected to present proof—circumstantial and/or statements from eyewitnesses.
Furthermore, it’s your lawyer’s job to dispute the appellant’s allegations. Starting with your affidavit and plea of ‘not guilty,’your lawyer will present your case in accordance with the law and refute as much evidence as possible from the defense table.
Both parties will present arguments and evidence to support their claims. Cross-examinations are essential for a lawyer. This is when either party raises questions to the other that the latter must answer. If made effectively, convincing proof can turn into unreliable data for the jury. Evidence like hearsay andstatements from people who neither heard nor saw the actual incident is most vulnerable to these.
If the case is defended thoroughly, you can get acquitted once the court issues the order of dismissal.
They Can File An Appeal After The Verdict
However, if the prosecution presents a strong case leading to your sentencing, your lawyer can still help you by proposing an appeal. Your party can submit your petition 90 days after the decision to the US Supreme Court. An appeal is a process where the losing party can request for review from a higher court. They must present a brief or written data showing that the previous decision may have overlooked considerable evidence. Your defense lawyer can submit a writ of certiorari, presented to the Supreme Court once the Court of Appeals or the highest court of a state issues a decision not favorable for the appellant. This will be reviewed by a group of judges who serve as panelists.
The United States Constitution and the justice system indicates that one is innocent until proven guilty before the court. Both sides are allowed to present their clients’ cases. But remember,the prosecution has the burden of proof in them that’s easy to refute with a credible criminal case lawyer beside you. Make it count.