Being arrested and charged with a criminal offense can bring mixed feelings, especially when innocent. You might be scared, angry, and stressed.
In such a case, citizens of America should get help from experienced defense attorneys. This is essential, as they will be relieved of stress knowing that a professional attorney is handling their case. Keep reading, as we will walk you through what to do when charged with a criminal offense.
Police Interaction
When the police suspect a crime is committed, they investigate until they find the criminal. They can either:
- Arrest the suspect. Usually, when the crime in question is serious
- Send the suspect a summon to appear in court. When the offense is less severe
So, what happens when you are arrested?
- The police must inform you why you are being detained
- Your rights will be read to you
- You are allowed to contact your attorney
- The police will take your photograph and fingerprints
Hire an Advocate
It is imperative that you seek the advice of a professional attorney if you want to be acquitted of all the false criminal charges. Hiring a qualified criminal attorney has many advantages, such as:
- They take care of the paperwork
- They are familiar with the court process and the criminal justice system
- They are dedicated to defending you
Appear in Court
When the police grant you bail at the station, they will give you the date you should appear in court. Failure to do so will result in the police issuing your arrest warrant.
Taking the Plea
Before taking the guilty or not guilty plea, you should talk with your attorney and evaluate each option’s advantages and drawbacks. In certain circumstances, it may be prudent to choose a guilty plea in order to secure a less severe sentence. In other instances, it may be more appropriate to enter a plea of not guilty.
Pros of pleading guilty:
- Minimize the burden on the criminal justice system
- Save the court’s time
- You might be eligible to get a discounted sentence
Remember that the accused is presumed innocent until proven guilty, despite the advantages of pleading guilty. Another thing is that the standard of proof for criminal cases is beyond reasonable doubt.
This means the prosecution must prove beyond reasonable doubt that the accused committed the offense. And if they fail to do so, the accused will be acquitted and all charges dropped. If the attorney sees that the prosecution has insufficient evidence to prove beyond a reasonable doubt, they will advise the accused to plead not guilty.
Thus, ensure you speak to your criminal defense attorney before taking the plea.
Trial
When you enter a guilty plea, the sentence will be passed to you. Once you enter a plea of not guilty, the case will proceed to trial. At the trial, the prosecution states their case and provides evidence to meet the required standard of proof (beyond reasonable doubt).
Your advocate can ask the prosecution questions about the credibility of the evidence provided. Since an advocate knows the ins and outs of such procedures and cases, they will have an easy time and eventually create doubt in the prosecution’s case.
After both parties have been heard and provided evidence, they shall await the court’s judgment.
Tips After You Have Been Charged With a Criminal Offense
When you find yourself charged with a criminal offense, please consider exercising the following:
Honesty: You must be honest with your attorney if you want a smooth relationship. Telling your advocate the truth will help them plan and strategize where they will begin. Do not worry about the things you tell your attorney. They cannot disclose the information to another party, as you enjoy advocate-client confidentiality.
Plead the fifth. It’s your right to keep quiet. The Fifth Amendment protects your right to remain silent about allegations made against you.
Conclusion
There you have it! When you have a criminal record, contact an experienced attorney who will help you with the case. Before making a decision, such as taking the plea, consult with your advocate. In doing so, the procedure will be short and effortless on your part, as your advocate will handle the complicated details.
