The Best Philadelphia Criminal Defense Lawyer Navigates You on The Due Process of Lawby Eva Braughly Freelance Writer/Blogger
If someone you know or you are facing criminal charges, you might feel a range of emotions which include confusion and fear. Across the United States, specifically in the locality of Philadelphia, many families undergo this problem. It is common to feel these emotions when facing the criminal justice system, especially if you are a first-time offender. If you are in this position, you need to hire a dependable and experienced Philadelphia criminal defense lawyer.
People commit mistakes and get into trouble but it does not necessarily mean that they are evil, hardened criminals. Criminal defendants have the right to the due process of the law. Criminal defendants remain innocent until proven guilty. They deserve a strategic and strong defense that will help them have a better chance at the criminal justice system. Criminal charges would always bring harsh consequences in life and can jeopardize a person’s career. A strategic defense will help offenders to avoid or mitigate any negative effects of a possible conviction.
What is criminal law?
Criminal law is governed by the laws that are related to situations that are perceived as harmful, threatening and endangering the welfare of the people. Criminal laws are established by statutes that are enacted by the legislature. Criminal law will either punish or rehabilitate the convicted defendants. The criminal procedure is an organized official activity authenticating that a crime took place which authorizes the imprisonment, rehabilitation, and in certain states, the death penalty.
What does a criminal defense lawyer do?
A criminal defense lawyer specializes in defending companies or individuals that are charged with criminal activity. Criminal defense lawyers can be privately retained or employed by jurisdictions to work with indigent people which are called public defenders.
Criminal defense lawyers in the United States deal with issues of their clients related to a criminal investigation, arrest, sentencing, criminal charges, post-trial issues, and appeals. A lawyer would often specialize in a criminal defense niche such as driving under the influence (DUI) or drug defense.
When a person gets arrested, it means that the federal agent, police officer or the judge see that there is an existing probable cause that the person committed the crime. The arrest would always be related to a criminal charge that has not been verified by a lawyer. As an example, when this situation arises, a Philadelphia criminal defense lawyer would need to deal with the substantive details of the crimes that the client has been charged for. Criminal defense lawyers also help their clients face the prosecuting attorney who filed the charges.
The defendant is encouraged to hire a defense lawyer that will help the counsel, as well as the representation in dealing with investigators and the police. The criminal defense lawyer would also need to conduct his or her own investigation on the case. They can also prepare exculpatory pieces of evidence that can negate the prosecutor’s charges. A US criminal defense lawyer must have a clear understanding of the country’s constitution, especially the Fourth, Fifth, and Sixth Amendments.
What are the different Amendments in the US Constitution?
The Fourth Amendment has a mandate that prohibits unlawful searches and seizures of properties. It also sets the requirements for the issuing warrants which should be issued by a magistrate or judge and must be justified by a probable cause. Any searches or seizures should also be supported by oath and must describe the place that will be searched or properties to be seized.
The Fifth Amendment in the United States Constitution addresses the criminal procedure. The Amendment was ratified in 1791 to be part of the Bill of Rights. It applies to every government level. The Fifth Amendment has a due process clause stating that “no person shall be deprived of life, liberty, or property, without due process of law." It requires that felonies will be tried on the indictment by a grand jury. The Amendment also has a provision of the Double Jeopardy clause where it gives the right for the defendants to only be tried once in the federal court for the same offense.
The Sixth Amendment has set forth the rights which are related to criminal prosecutions. Just like the Fifth Amendment, it was ratified in 1791 under the United States Bill of Rights. The Sixth Amendment grants criminals to have the right for a fast and public trial by an impartial jury. The jurors will come from the district and state where the alleged crime took place. Jurors must be unbiased. The right to a jury is only applicable for offenses with a penalty of imprisonment longer than six months.
A good criminal defense lawyer must be an expert in this field. The defendant will have a better chance of getting a leaner sentence. Criminal defendants must choose a reputable and reliable defense lawyer that can guide them through the process.
Created on Mar 9th 2020 09:44. Viewed 299 times.