Terms
Criminal case
A criminal case officially begins when a prosecutor files formal charges against a person who allegedly committed a crime. A criminal case can be tried in state or federal court and can involve misdemeanor or felony charges, all depending on the nature of the crime in question. There are two fundamental principles which govern the course of a criminal case. First, a defendant is innocent until proven guilty. Second, the prosecution in a criminal case has the burden of proving the defendant's guilty beyond reasonable doubt. There are a number of rights guaranteed to the defendant in a criminal case which are based on these two ideologies.
The investigation of a crime and the arrest of suspects are both crucial preceding elements to any criminal case. The United States Constitution and other legal statutes provide protections to individuals during these proceedings. Individuals are protected from unreasonable searches and seizures. In many cases, police must obtain a court ordered search warrant to search a person, property, documents, or effects. When evidence is obtained through an unlawful search, this information typically cannot be used against a defendant in a criminal case.
Under Miranda laws, suspects must be informed of their rights when they are arrested. Anything that occurs in absence of these compulsory statements may not be admissible in a criminal case. The rights that a criminal suspect must be informed of upon arrest include: the right to remain silent (as to avoid self incrimination), the right to an attorney, the right to a fair trial, and more.
United States federal law also provides these rights and others to all individuals accused of committing a crime. The US Constitution guarantees those accused of crimes the right to: a speedy and public criminal case, a trial by an impartial jury, information regarding the nature and cause of the accusation, be confronted with the witnesses against him, obtain witnesses in his favor, and adequate legal representation during the criminal case.
The services of a professional attorney are so crucial in protecting the rights of defendants in a criminal case that this right is guaranteed to every citizen by the document which founded our nation. When a defendant is unable to afford an attorney the court must provide adequate legal representation to him/her. A qualified attorney can provide innumerable benefits to his/her client during a criminal case which include but are not limited to: extensive knowledge of the laws, procedures, and customs applicable to the criminal case; gathering evidence and witness testimony to build a strong case, hiring and managing investigators; building the strongest defense case possible; and taking every step to protect and maximize a defendant's rights in a criminal case.
If you or a loved one has been charged with a crime, a lot can be at stake. A conviction in a criminal case can result in penalties like incarceration, heavy fines, probation, and much more. If you are involved in a criminal case, you need the help of a qualified and experienced criminal defense attorney. To learn more about your rights and options in a criminal case, please contact us to speak with a reputable defense attorney in your area.
Related Criminal Case News
Jan 23, 2007 - CA Criminal Sentencing Law Struck Down
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