A criminal case is a legal proceeding that begins when the government accuses an individual of committing an act against the law. The criminal justice system consists of several agencies that work together to ensure the public is protected and that perpetrators are brought to justice. A skilled attorney can protect your rights throughout the criminal process.
The first step in a criminal case is for the police to investigate. After an investigation, the police prepare either an arrest report or a case report. The case is then presented to the prosecutor, who decides whether or not to file criminal charges.
Prosecutors and courts are often overloaded, and they must prioritize cases based on the severity of the crime and whether it is a first time offense. This is why it is important to have a skilled lawyer on your side who can help you get the best results possible.
A skilled attorney can identify issues with the law enforcement investigation and use those weaknesses to the advantage of their client. For example, a criminal defense attorney might argue that the evidence was improperly collected or that police violated the defendant’s constitutional rights during the investigation. This can lead to key evidence being excluded through the use of pre-trial motions.
A criminal defense lawyer can also help defend the case by challenging witnesses and presenting alternative explanations for events. They can also argue that the defendant did not commit the crime or did not have the requisite intent to commit it. This could be crucial in a murder or other crimes that require specific intent, such as burglary and theft.