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.