The role of a criminal attorney is to represent the accused in the court of law. There are times the law accepts physical abuse against people, when it is done in self defense, to protect someone else, to protect one’s property. All these cases are acceptable by the court.
But before the court can accept this as such, you along with your criminal attorney have to show some proof. You will have to show a minimum of four reasons why you had to perform the act of using physical force against someone. The criminal attorney will have to show that you did not provoke the physical assault, that you were in danger of physical harm, that you only used force to prevent from the harm aimed at you and that you only used the force that was required to protect yourself and nothing more.
If your situation was that you had no other go but to defend against someone attacking you and you feared that they are going to do bodily harm, then your criminal attorney should prove in the court that you believed that the force you used was necessary in order to protect yourself from the other person, who was going to cause you harm or even may have caused you death.
Taking a battering from someone is not necessary and every person has the right to protect themselves. The only thing is that these things have to be proved in court. The criminal attorney’s job is to make the court see that under the circumstances you had only two choices; one is to wait for the other person to kill you and the second one is to use force to stop the other person from killing you.
Whatever the situation, the criminal attorney’s duty is to fight for you because they believe you are innocent. He plays a very important role in helping you out of any critical situation.
By: Macky Note
Posts Tagged ‘People’
What is the Role of a Criminal Attorney?
December 18th, 2009Criminal Law Attorney – Different Types Of Criminal Attorneys
December 4th, 2009
A criminal law attorney is classified on the basis of the responsibilities undertaken and sections of criminal law. The attorneys are classified as per the branches of this laws. The branches of law altogether seek ways of how to define a crime. The objectives of all the branches of law when combined include three main duties. One is to define what the crime is. The second is to identify the victim involved in the case. The third and the last one is to find out the actual executor of the committed crime. To perform all three duties, it is divided into two sections. Each of these sections of law triggers specific illegal actions. Therefore, the classes of criminal attorney are classified according to the criminal laws to take over particular procedures.
Different Sections Of Criminal Law
It is classified into two sections that follow different procedures and involve specialized criminal attorneys.
1. The first type of criminal law involves criminal procedures. This section implies the undertaking of trials in the court. A criminal trial attorney takes care of how to conduct trial periods in the courts. This procedure further defines ways in which the claims can be investigated. It also dictates procedures of collecting facts and evidences. Usually, the attorney who takes over the job of gathering evidences is a defense attorney.
2. The second is substantive criminal law. The substantive law primarily emphasizes upon the crime and appropriate punishment. A criminal defense attorney is involved in the substantive section and represents the people accused of any crime. After being hired by their clients, they begin their job. If the accused individual is not financially capable enough to afford a defense attorney, the court appoints an attorney to represent them. After being appointed, they proceed with meeting their clients first to gather details about the event from the clients’ perspective. Until and unless their clients admit guilt, they do not hand their clients over and continue aiding their clients with the legal support to achieve courtroom success in the end.
Benefits Of Online Attorney Firms
Recently, these firms are following the trend of expanding their services on the internet to be easily accessible. There websites have benefited hapless people accused with the crime by helping them find out different types of attorneys at their fingertips, and that too within their range of affordability.
By: Asheesh Mani
Demystifying the DUI Criminal Process – The Arraignment Explained
December 1st, 2009
If I weren’t a Seattle DUI attorney, I probably wouldn’t know much, if anything, about the criminal justice process. I haven’t been in much trouble before (I got a minor in possession of alcohol when I was a kid, but other than that have been in no trouble) and wouldn’t have seen the inside of a courtroom if it weren’t for my job. So I can empathize with the feelings of fear and dread that many associate with going to court when charged with a DUI.
Although it is a long, arduous, and often embarrassing process, it is just that, a process. And for many, if not all, of the people you deal with, it will be a process they’ve been through many times before. And they are there to help guide you through the process (except prosecutors – don’t listen to them!). It is this same way at your arraignment, which is your first court hearing.
Before I get going to far, I want to point out that this article, though discussing arraignment generally, will be discussed from the standpoint of the Seattle, Washington arraignment and what you might expect there. If you are charged with a crime in another state, it is possible that the process may be slightly different. To make sure that you are doing the right thing, if you are charged with DUI in another state, I would consult a DUI attorney in that state before your arraignment to confirm that what I have said applies to your specific situation.
The arraignment is the first opportunity for you to appear before the court. At arraignment, the prosecutor must formally tell you what charges are against you, and must tell the court what charges are against you. If you are in jail following your arrest, your arraignment must be held within fifteen days of your arrest. If you are not in jail, your arraignment must be held within fifteen days of your first court appearance, though your first court appearance is more often than not your arraignment.
When you go to arraignment, if you do not have a Seattle DUI attorney already retained, you will have the opportunity to interview with a public defender. If you want to get private counsel, you will have time to do that (though your arraignment will still occur on that day). At arraignment, the prosecutor will give you a copy of the charges against you (called a complaint) and the judge will ask you some questions regarding your name and address. The court is also required to read you the charges unless you waive this requirement. If you don’t have a lawyer the judge will often read the charges against you. After reading the charges the judge will then ask you how you would like to plead. In almost every instance you are going to want to plead not guilty. If you have a DUI attorney retained you will be pleading not guilty.
Although going into court at any time can be an intimidating situation, arraignments for the most part are purely procedural. Most of your time spent in the courtroom will be waiting to get called up in front of the judge. Once you do get in front of the judge, the arraignment usually takes about five minutes to complete. At that time the judge will set your conditions of release and set your next hearing date, the pretrial hearing.
One of the most important things you may have to face arguing at arraignment is the conditions of release. Typically the conditions of release are not to commit any new law violations and not drive without a valid license. But from time to time an overzealous prosecutor will ask for more stringent conditions of release. If this is the case, then you will want to make sure you have someone helping you (a DUI attorney). What your attorney will tell the judge is that conditions of release are supposed to be set to accomplish two goals: (1) to get you to appear for your next court date; and (2) to keep the public safe from harm. The conditions prosecutors ask for tend to promote neither of those purposes. If faced with this situation, make sure you have someone to represent you (even if it is a public defender just for that hearing).
In the end, your arraignment shouldn’t be a cause for concern or sleepless nights. It is simply the first hearing in the process that will be taking care of your DUI charges. But, like I always say, if you are charged with a crime, make sure you talk to and hire a criminal attorney as soon as possible.
By: Christopher Small