Ashkira Mohamud Discusses The Basics of Criminal Defense: What You Need to Know

In the sophisticated world of the justice, having a fundamental knowledge of criminal defense is vital to defending your privileges. In this article, Ashkira Mohamud discusses the fundamentals and basics of criminal defense.

What Is Criminal Defense?

Criminal defense encompasses the legal procedures and actions used to defend individuals or organizations facing criminal charges. This includes delivering legal representation, making a solid case, and defending the rights of the accused. Understanding criminal defense is crucial when navigating the complexities of the legal system.

What Are the Steps Involved in a Criminal Defense Case?

By understanding the sequence of events, you can better prepare yourself for the legal journey.

Investigation

When investigating a criminal defense case, the following steps are typically involved:

• Gathering evidence from the crime scene.
• Interviewing witnesses and potential suspects.
• Examining physical evidence, such as DNA or fingerprints.
• Reviewing any relevant documents, such as financial records or legal papers.
• Conducting background checks on individuals involved.

Arrest

• Arrest Warrant: Law enforcement obtains an arrest warrant if there’s sufficient evidence to suspect an individual’s involvement in a crime.
• Apprehension: The suspect is taken into custody by the authorities.
• Booking: Personal information is recorded, fingerprints and photographs are taken, and personal property is collected during the booking process.
• Initial Appearance: The defendant is brought before a judge to hear the charges and have bail set.

Arraignment

• Notification: The defendant is informed of their rights and the charges during the arraignment process.
• Plea: The defendant typically enters a plea of not guilty but may also plead guilty or no contest.
• Bail: The court sets bail, and if the defendant cannot pay, they will remain in custody.
• Scheduling: The court schedules future proceedings and trial dates during the arraignment.

Pre-Trial Motions

• Filing Pre-Trial Motions: Both the defense and prosecution can file pre-trial motions, including motions to repress evidence or dismiss the case.
• Oral Arguments: Attorneys share their statements on the pre-trial motion before the judge.
• Judge’s Ruling: The judge carefully examines the pre-trial motions and resolves to accept or deny them.

Before filing any pre-trial motions, seeking guidance from a criminal defense attorney for personalized legal advice is essential.

Trial

• Jury Selection: The process where potential jurors are questioned and selected for the trial.
• Opening Statements: Attorneys present the case’s overview and what they intend to prove.
• Presentation of Evidence: Witnesses are called, and evidence is presented to support the trial.
• Closing Arguments: Attorneys summarize the case, emphasizing critical points to the jury.
• Jury Deliberation: Jurors discuss the evidence and reach a verdict.
• Verdict: The jury’s decision determines the defendant’s guilt or innocence in the trial.

Sentencing

• The sentencing phase begins after a guilty verdict or plea bargain.
• The judge determines the punishment, considering legal guidelines and case specifics.
• Possible sentences include fines, probation, community service, or imprisonment.
• The defendant’s criminal history and the nature of the crime influence the sentencing process.
• Appeals can be made to challenge the verdict or the severity of the sentence.

What Are the Rights of a Defendant in a Criminal Defense Case?

Understanding these rights is essential for anyone navigating the criminal justice system.

Right to an Attorney

• Consultation: The defendant has the right to consult with an attorney to understand the charges and available legal options.
• Legal Representation: The right to have an attorney present during questioning and court proceedings to ensure fair treatment.
• Defense Preparation: The attorney prepares a defense strategy, gathers evidence, and represents the defendant in court.

Right to Confront Witnesses

The constitutional right to confront witnesses allows the defendant to cross-examine witnesses brought against them. This right is exercised during the trial, where the defendant or their legal representative can question the prosecution’s witnesses. Its purpose is to ensure fair and accurate testimony and challenge the witnesses’ credibility. It also provides the opportunity to expose any inconsistencies or biases in the witness’s statements. Ultimately, the right to confront witnesses is crucial in upholding the principles of justice in criminal defense cases.

Right to Remain Silent

The right to remain silent is a vital component of the Miranda rights and consists of these steps:

1. Upon arrest, the police must inform you of your Right to Remain Silent.
2. Exercise this right by clearly stating that you wish to remain silent.
3. Once invoked, the authorities should stop questioning until your legal counsel is present.

Dismissal

• Assess the reality and rightfulness of the proof.
• File a movement to discharge if there are legal bases for doing so.
• Attend the dismissal hearing.
• If the case is dismissed, evaluate the need for further legal steps.

Mistrial

• This happens when the trial is closed due to a procedural mistake or a hung jury.
• Generally, this results in a retrial or dismissal of the case.
• This may also occur if the jury is incapable of reaching a verdict.