7 Things Every Defendant needs to know about Criminal Law
January 31, 2022When a person is wrongly accused of a crime, you must know how to deal with the situation so that you don’t get convicted for no reason. The police are also not helpful in guiding you through the process beyond what they are constitutionally required to do.
You should follow these tips if you have been arrested as a suspect.
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Avoid Resisting Arrest
You may want to fight back and resist the arrest when you have done nothing wrong. But still, you should cooperate even if it is difficult to fight this urge.
If you fail to cooperate with the police, it can add up against you as an additional charge. Moreover, you will have to face this charge even if you end up innocent of the crime at your trial.
Use Your Right to Remain Silent
One of the few constitutional rights the police read to you during the arrest is your right to remain silent. You should definitely use it as anything you say can be used against you and add up to worsen the case.
On the other hand, the police will want you to speak and, more importantly, that you admit to the crime. So politely tell the police that you are invoking your right to remain silent, and your attorney will speak on your behalf.
Hire an Attorney as Soon as Possible
Tell the investigators that you wish to speak to your attorney. You should hire an expert criminal lawyer who can fight diligently on your behalf.
Hiring an attorney in the beginning stages is essential to building your defense. You need professional help during the investigation. Tell your attorney about your case as much as possible because whatever you say is confidential. It will help your lawyer create a strategy to win your case.
Choosing Your Lawyer
Hire an attorney you will feel comfortable talking with. Your attorney should be experienced in criminal law and has good working relationships with the local prosecutors in the area as it will help obtain favorable results.
Save Money on Bail
With the help of an experienced attorney, you can save hundreds or thousands of dollars on bail. When arrested, you can call your lawyer to talk to the police on your behalf.
Your lawyer can convince the authorities that you will visit the court on the promised day. In this case, you can be released without paying any charges. In some situations, being released on bail may not be possible, then your lawyer can ask for a reduced amount.
Held in Custody Without Charges
Sometimes the authorities may suspect you of committing a crime, but they don’t have solid evidence to charge you. After the arrest, the police have a limited period to make their case official, or else they have no option but to release you.
However, this rule is not applied on the days when the court is closed. If you have been arrested before a legal holiday, you will have to spend the following day regardless of the evidence.
Entering a Plea
You have a chance to give the court your answer regarding the charge against you with your arraignment. The prosecutor may offer you a reduced sentence or charges in exchange for you pleading guilty to the crime.
At this point, your attorney can help you decide how you will answer the charges after evaluating the offer. When you plead not guilty, the court will set a trial date at your arraignment. At your trial, your attorney can argue for the dismissal of the case based on lack of evidence.