Why Hire a Criminal Defense Lawyer?
Pre-trial phase
Having a criminal defense attorney is a crucial step when facing a criminal charge. The pre-trial phase is when the court begins to review the evidence that will be presented in the trial. It also allows for plea bargains to be discussed. This process can be difficult for a defendant to understand. Therefore, it’s a good idea to get an attorney who has experience with this type of case.
During the pre-trial phase, lawyers will file motions with the court to establish whether certain evidence can be presented at trial. This may include motions to suppress evidence. These motions can also address issues such as unlawful searches and coerced confessions. These motions can also lead to reductions in charges.
During the pre-trial conference, the prosecutor will present the prosecution’s case. The defense will then have a chance to question the witnesses. During this phase, lawyers may also decide to take depositions from potential witnesses. These interviews are conducted under oath and are a valuable tool for the defense. The defense may also point out weaknesses in the prosecution’s case. They may also ask the jury to keep an open mind. In some cases, a judge may even order a bench trial without a jury.
In some cases, the prosecutor and defense may enter into a plea bargain. This means that the defendant will plead guilty to a lesser charge. In other cases, the defendant may plead not guilty. The defendant will usually be asked to enter a plea within a few days after being charged. If the prosecutor and the defendant agree to a plea bargain, the prosecutor will provide the defendant with information about possible witnesses and prospective jurors. If the defendant is found guilty, he may ask the court to retry the case or order a review by a higher court.
After the preliminary hearing, the prosecutor and the defense will decide whether they want to proceed with the case. In some cases, the prosecutor may agree to drop some charges, such as a felony charge. In other cases, the defendant may enter a plea diversion program. These programs can help defendants who have a criminal record to avoid a trial.
The defense will also receive information from the prosecution about possible witnesses and potential jurors. In many cases, a defense attorney will not present evidence during the defense case. However, if the prosecutor does provide evidence, it’s usually favorable to the defendant. It may be difficult for a defendant to make the decision to testify without the assistance of an attorney.
The prosecution may also choose to present additional evidence after the defense has rested. The prosecutor may even call a witness to testify. During direct examination, the witness may testify that the defendant was lying or was not the victim. The defense will then have a chance during cross examination to rebut this testimony.
During the pre-trial stage, lawyers may also file motions to exclude certain evidence. They can also request that the defendant receive additional time to prepare for the trial. This can be done by filing a motion in limine. The motion in limine will ask the judge to rule on the evidence that the prosecutor or defense plans to use in the trial.
