Your criminal defense attorney can guide you through the whole legal process, from arrest to appearance before the court. You may hear some legal jargon that’s unfamiliar to you throughout this process. To avoid confusion and embarrassment throughout the arrest, litigation, and sentencing process, it can helpyou re-examine the meanings of some key legal terms for process aspects. Browse this site listing about Stroleny Law, P.A..
Arrest While you are probably familiar with this term, you may not be aware that your arrest does not mean you are presumed to be guilty; it simply means you have been charged with a crime and are being taken into custody. When you expect an impending detention, it is best to seek out a criminal defense attorney before the arrest happens so that you can be informed on how to handle the situation and potentially bargain on your side to prevent the conviction.
Booking This is the event that follows an arrest, in which the police take you to the station, separate you from your personal belongings, take your photo (or mug shot) and get your fingerprints. If the crime you were accused of is a misdemeanor, you may actually be released after reservation. In some cases, until a court date, or until bail is posted, you’ll be held in prison. In some circumstances, a criminal defense attorney may arrange for you to be released on your “own recognition” until that date. Arraignment You will be asked to come to court for an arraignment after a waiting period. Your initial court appearance would help to remind you of the facts relevant to the charges brought against you. At this time, a copy of the complaints will be provided to your criminal defense attorney, as well as any other documents relating to the crime you are being charged with.
Bargain It is important to note that you may be told by your counsel to bargain differently from what you would expect. Of starters, even if you are clearly guilty of the crime, an attorney can propose a “not guilty” disposition to place the burden of proof on the prosecutors. Basically, if your defender thinks it would be hard for the prosecutor to prove your guilt, a plea “not guilty” may well be in your best interests. If your case ends up in court, any doubt in the minds of the jurors about your guilt should prompt your release.
Inadmissible Any information or evidence obtained illegally shall not be used for prosecuting or defending you. Part of the job of an attorney is to determine if any such details are being used by the prosecution as well as to make sure they don’t try to use such information to defend you.