Articles

You Should Know How Criminal Defense Lawyers Helping People

by Sara S. Be Cleanness Lover

A defense lawyer struggles for you in the court when you are facing criminal charges. They are trained in such a way that they analyze the cases by considering evidences to find out the weaknesses of the opposition. They perform their strategies for the dismissal of the case and reduction of charges. A defense lawyer evaluates the case and advises the best way to proceed. They explain you about the status of the case and the federal legislation.

A best professional lawyer has good communication skills and exceptional knowledge about the legislature and the laws. A good communication skill includes being a good listener and a good speaker. The ability to judge and decide the next step to argue convincingly during the hearing is also essential. They are very sensitive to concentrate in the weak sides of the arguments and able to spot points to the weaknesses immediately. A professional lawyer is experienced with the knowledge and practice of law. They perform research effectively to understand the case and get their client ready with the right strategy for the case.

A curative petition is the last reconsideration of the judgment considered by the Supreme Court. It is taken into consideration by the judges in the chamber. Only in rare cases, this petition is given in court hearing hence it is the final option. Under article 137 of the constitution of India, the Supreme Court has the power to review judgment declared by itself. You can file the curative petition within 30 days of the judgment of the Supreme Court. This petition aims to minimize abuses of the judicial process and cure lapses in the system. The court has the right to impose exemplary costs to the petitioner if the request lacks merit. This concept started to apply during the case of Rupa Ashok Hurra v/s Ashok Hurra in 2002.

Transfer petition in Supreme Court is stated under Section 25 where the Supreme Court has the power to transfer the case or proceedings from the High Court or Civil Court of one state to the High Court of another state. This is performed if Supreme Court feels that it has to be reconsidered for justice. Example for a petition is a criminal transfer petition (under section 406) where the Supreme Court can act only when parties are interested. The divorce transfer petition is filed by the wife only for valid reasons.

An anticipatory bail comes under Section 438 of the criminal procedure code. If a person thinks that he/she may get arrested for a non-bailable conduct, then he/she can apply for anticipatory bail in Session Court or High Court. The authority to grant anticipatory bail in India is the Supreme Court, High Court and Sessions Court. Bail is the temporary release of a person for the given amount of time by the court. While giving anticipatory bail from Supreme Court, court ensures the nature of the accusation and possibility of the person to get released from the case. The court also makes sure if the accused person has undergone imprisonment in any offense earlier. If the bail from Supreme Court is rejected then the police have the authority to arrest the person without the warrant.


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About Sara S. Freshman   Be Cleanness Lover

1 connections, 0 recommendations, 33 honor points.
Joined APSense since, April 29th, 2014, From Dubai, United Arab Emirates.

Created on Oct 8th 2019 11:55. Viewed 368 times.

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