Criminal Law Basics: Why is it Necessary to Hire a Good Defense Attorney

The criminal defense is a very complicated and vast field that requires extensive knowledge. Without the proper knowledge, you are likely to end up losing your case. This is why a certified criminal defense attorney is needed. When you hire a DUI or Felony defense attorney, you need to be sure that you have hired someone who will know how to do his job and not just throw out cases and hope they get a guilty verdict.

The most important part of the job is knowing federal law. If you are charged with DUI or a Felony charge, then you need to be aware of what the laws are. There are a number of federal laws that have been enacted to protect people against these types of crimes. You need to be aware of these laws if you want to find the right criminal defense attorney. The lawyer that you choose must understand how to deal with the court system and can fight for you in court.

A DUI is a felony, but not all felony charges are DUI offenses. If you are facing a DUI, you need to be certain that the DUI defense lawyer that you choose will know about the difference between a felony and a misdemeanor. A DUI can carry with it a prison sentence, but a misdemeanor may result in a fine and less time in jail.

There are many federal laws that cover DUI and the penalties associated with these offenses. A good defense attorney can easily help you understand these laws. He should also be familiar with the state laws. It is essential to have a lawyer who understands the facts of these charges so that he can fight for you effectively.

Another thing to consider is whether the prosecutor is going to seek a conviction for reckless driving or for alcohol consumption. You should always be aware of the parameters and requirements when dealing with the criminal defense lawyer. Each state has their own set of regulations and conditions. You should know the law in your state before you hire a DUI or Felony defense attorney.

In the courthouse, you are required to testify, but there is a clause that says you are allowed to be present for some of the proceedings. If you are unable to attend because of a disability, you should not be denied the right to a court-appointed lawyer. Most lawyers will refuse to represent you unless you tell them that you need a lawyer. You need to insist on representation and that the lawyer that you are considering must be licensed and must be certified.

Once you hire a lawyer, you need to be sure that you are handling the case properly. You should not be afraid to make statements to the jury about the charges that are being filed against you. You need to be able to discuss the various aspects of the case. A DUI or Felony defense lawyer must be able to focus on the information that the defense team is going to use. They must be able to answer any questions that the defense team will ask about the case.

If you hire the services of a criminal defense attorney, like the Los Angeles Criminal Defense Lawyer, he or she will need to be able to deal with different types of cases. There are trials involving arson, involuntary manslaughter, homicide, theft, and child abuse. These lawyers should be able to handle all of these types of cases with ease.

Charged With A Criminal Offense?: Read To Learn On Handling It!

Criminal law is the branch of public law that defines crimes and provides for its penalties. It is an arm of the government to protect the public from bad elements, perverted individuals. It is necessary in order to maintain the peace and order of a country. It is known for its attributes; namely: general, territorial and prospective. When there is no law punishing a particular act or omission, there is no crime to speak of. It is known under the basic tenet nulum crimen nulla poena sine legis.

When a person violates a penal statute, he offends the state and not the person being injured. Hence it is the state that will institute the criminal action and consequently prosecute the same. The private offender party may only intervene to insure that proper civil indemnity be awarded through litigation of the civil aspect of the case. This rule is known in different jurisdictions such as the Philippines and other countries.

In the US, when you are charged with a criminal offense, you need to hire a good defense attorney like one in San Diego. The lawyer is the one who will prepare your defenses to be acquitted. He will also be working in the protection of your basic rights as an accused from custodial investigation until the promulgation of judgment. Here are few of the reasons why hiring a criminal defense attorney is necessary.

Rights of the Accused

It is imperative in all criminal cases that the rights of the accused must be protected. From the beginning, he has the right to remain silent lest anything he says can be used against him in all courts of law. He has also the right to be free from inhumane treatment such as torture, coercion and the like during interrogation. Also, he is entitled to have a fair and speedy. All these things are vital so that criminal defense lawyers are essential if not indispensable.

Motion to Quash Information

When the information does not charge an offense, or it charges two ore more offenses, or the crime is extinguished under the statute of limitation, or the court has no jurisdiction over the offense charged, the defense lawyer may file a motion to quash the information. It has an effect of the dismissal of the case, either with or without prejudice of filing the same as long as it does not violate the right of the accused against double jeopardy.

Demurrer to Evidence

Demurrer to evidence has an effect of dismissing the case due to insufficiency of evidence. It may be filed by the defense team with or without leave of court subject to sanctions provided by the rules.  In other settings, it must be filed after the prosecution rested its case. If it is granted by the trial court, it has an effect of acquittal so that the judgment becomes immediately final under the principle of finality of acquittal rule.

These are only few of the many reasons why hiring criminal defense attorney is very important when one is charged with a criminal offense. Hence choosing the best and expert criminal attorney is a key to attain acquittal.