6 January, 2020
One just can’t live a without worries. There will always be problems at every stage of your life. Some issues may not be much big of a deal while some can destroy your entire life. All we can do is prepare ourselves for such times, accept them, and stay strong to fight. One of the most serious problems you can face is a criminal offence.
If you are proven guilty of a crime, you will have to pay a fine in the best case scenario and be sentenced to death at worst. Such crimes, even minor ones, have an impact for life. By intent or by mistake, you might also face such times in your life, and they are not to be taken lightly. If you don’t correctly deal with them, they can literally destroy your life.
Law is very complicated. No doubt, it was created for our own security. But the problem is, it got complicated over time in order to cover all minor loopholes. Today, you may be charged with a felony even if you’re innocent because some people know exactly how to use the law to their own will. This highlights the importance of lawyers who are responsible for helping you with all legal matters.
Lawyers study law for years and then work full time on legal cases and spend most of their life in the court. No matter how smart or innocent you are, you need an attorney by your side. And just having a lawyer isn’t enough to get you out of a criminal offence; you also have to take care of a few important things. To do this, it is important that you understand the entire process and all its do’s and don’ts. This article will tell you everything you need to know when you’re being charged with a criminal offence.
Don’t Give them a Reason
Many accused make the case difficult for them by making mistakes they shouldn’t have. One of the biggest mistakes you can make is misbehaving or standing against a police officer. Whatever the case, don’t resist and let them do their job. You might find yourself in a situation where they arrest you. You can ask why you’re being arrested, but other than that, don’t resist the arrest. If you run away, it will weaken your case. That said, make sure you also don’t answer any questions.
The police might ask you questions before, during, or after the arrest to somehow get you to confess. Whether you said something you shouldn’t have intentionally or unintentionally wouldn’t matter. Remember that no one can force you to answer questions – not even a judge. Our ancestors ensured our safety and rights through the Fifth Amendment. However, not answering questions doesn’t exactly prove you innocent. It just saves you from falling into a trap of words which may later be used against you in the court.
Hire an Experienced Attorney
You might be wondering if you should keep silence to avoid saying something wrong, how should pursue the matter. The answer is simple: hire an experienced attorney. Everyone has the right to an attorney and plea his innocence in the court. Since keeping your mouth close won’t prove your innocence, you need someone who knows what to say on your behalf. That’s the job of a lawyer.
You will need a trusted Criminal Defense Lawyer with a clean record as he will be your voice. Everything your lawyer says will be considered your words. It’s crucial to acquire this professional service because they understand the law and judiciary system. You can have a lawyer with you during interrogation and he will tell you what should and shouldn’t answer. He will prepare prior to the questioning for everything that’s to come and how you should tackle it. You might be able to give an answer that sounds good to you but have a long term negative impact on your case. So make sure you have the right lawyer and follow exactly as he says.
Counter Prosecutor’s Claims
As soon the issue begins, you need to gather everything that could help you. For example, instead of resisting an arrest, you can note if the officer is doing it legally or not. Start to search for things that could prove the other party wrong. Remember that opposition and the prosecutor would be doing the same. They will come up with claims and evidence that could help prove you guilty. You understand the issue against you better than most people. So you should try to think what the prosecutor can use against you.
Having understood what you are going against helps you prepare a strong defense. Nothing that prosecutor says in the court should shock you. Write down all the attacks he might have, share it with your lawyer, and find effective counters for them. Remember your case and preparation for case begins as soon as a report is filed against you or when you receive the first threat of legal action. Understand the strong points of the opposition and your weak points and discuss with the lawyer how to cope with them.
Try to Finish the Issue with Prosecutor
A case doesn’t always have to go to a trial where one of the parties have to face failure. There is always an option for settlement, and that should always be considered. You should try to end the entire matter with the prosecutor and the opposite party. A case can take any turn in the court. There is a reason why you will find many innocents behind bars and see even the big shot attorneys get defeated by rookie lawyers.
Discuss all the options with your attorney before making any decision. If he says that settlement is a better option, you should seriously consider it. It will save you a lot of trouble, time, and probably money. Even if you don’t settle, you should at least know what the opposition wants. And if they are to settle, what would be their demands. While the settlement has its benefits, you shouldn’t allow someone to blackmail you and then settle for personal gain.
A Report Will Be Filed
Prepare yourself mentally for there will be a police report filed against you. A report doesn’t mean you have been found guilty or that you have done a crime; it’s up to the court to decide. It merely shows that you are suspect of a crime. It doesn’t affect your career in any way if the charge is not proven. There have been many cases where people filed a report, exploiting their right, just to disturb someone. Make sure you don’t let it get to your head or cause tension. You should simply prepare for the case to come, prove your innocence, and hold the other party accountable for what they have done and why they have done it.
You Might Go to a Grand Jury
If a prosecutor can’t decide whether the evidence is strong enough to pursue a case, he will acquire the help of a grand jury. There are only two juries: Trial Jury and Grand Jury. The latter is responsible to decide if the evidence has enough potential to have you explain yourself. The grand jury is larger than other trial jury and most of their work is done in private. Their main focus remains only evidence and they ensure that a case doesn’t waste of an innocent and the court. They also don’t have to be unanimous to make a decision. If a majority of the jury members believe the case should be pursued, it will go to the other court.
Don’t Lie to the Attorney
I’ve seen many people make the mistake of lying to their attorney. You should know that they are also bound by law to keep the confidentiality of information and won’t share any details with anyone. Lawyers don’t ask if you’re guilty or not. All they want is information and not the altered one. Information is necessary so they can prepare for your defense. They need every piece of information so the opposition can’t bring out something new that can catch you off guard during the trail. They have to consider every possibility and find a solution prior hand. If you have trust issues with your lawyer, you should change him. Your lawyer must be trusted and experienced for a powerful defense.
There will Be a Trial
Most of the criminal cases go to the trial where you share your side of the story in front of a group of people called Trial or Petit Jury. In the federal system, they have to give a unanimous verdict; however, it isn’t the case in all states. The trial is the most challenging part of your case where you have to be prepared and patient. Unless the case is simple or the defendant admits his crime, there will be more than one hearings. Think of the points with details that could prove to be your strong points. If possible take time to brainstorm and write your points.
I'm Harry Wilson, a senior digital marketing consultant at Globex Outreach. Writing is my part-time hobby because I get to share my experience with the world. Professionally, I help map out a flawless digital marketing plan for the clients at my firm.