One of the most shocking aspects of the criminal justice system is when innocent people face charges. You may wonder how something like this could have happened to you. More importantly, you'll likely want to know what sort of defense you can mount. Here are four things a criminal law attorney will want you to know.
There Is a System
Even if a person has been charged, that's a long way from the prosecution proving their guilt. There will likely be several hearings between the initial charges and any potential trial. At those hearings, your criminal defense attorney will have the opportunity to raise questions about why this is happening.
Your first chance will be at the arraignment hearing. This is when the court initially reads the charges to you and verifies whether you have a lawyer or not. At the arraignment hearing, your attorney can demand that the prosecution and police explain why they filed charges against you. Bear in mind, though, that they only have to prove at this stage that there's reason to believe a crime might have been committed and that you were the perpetrator.
Discovery
As the process moves forward, you'll also have the opportunity to examine any evidence the prosecution plans to present. This process is called discovery. During the discovery process, a criminal law attorney can send demands for evidence to the prosecutor's office. If the prosecution fails to give the defense a chance to examine evidentiary items, the defense can ask the court to compel the production of the evidence. Persistent failures during the discovery process may give you the basis for asking the court to dismiss the charges.
Legal Logic
In addition to providing evidence, the prosecution must also explain the legal groundwork of the charges. All the evidence in the world means nothing if there is a flaw to the legal argument.
Suppose the police charged someone with a criminal assault due to their involvement in a fight. The defendant might assert that they were engaging in self-defense. Perhaps all the evidence points to the prosecution's version of events in terms of what forms of violence the defendant engaged in. However, that evidence means nothing if the defendant was acting within their rights.
Trial
Presuming the charges aren't dismissed and the defendant doesn't plead guilty, the case will eventually go to trial. At trial, the prosecution must prove to a jury that its case is solid. Likewise, the defense may, if it wishes, try to cast doubt on the case.
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