A individual who is convicted of a crime has inherent rights and is protected by the constitution’s relevant provisions. It is also important to note that when prosecuting a person with a criminal offence, there are legal processes that must be followed and the general concept is essentially state-to-state. The primary concern of a criminal defence attorney is your proper appreciation of legal choices and the preservation of your constitutional rights. It is important that you know when it is time to get the help of a criminal defence lawyer when facing a situation as serious as a criminal case. top article Daniel Murphy’s LawyerLegion Profile
And before an indictment is put into action, one will face a criminal case. In this specific case, with the issuance of an arrest warrant, a magistrate or judge authorises the arrest of a person charged with a criminal offence. By identifying the person being charged with the crime, police authorities can execute the arrest warrant.
The process for carrying out the arrest warrant demands that a copy of the arrest order be furnished to the person being detained. It is important to note that, in order to enforce the order, the authorities are not allowed to provide a copy of the arrest warrant. However, they are expected to provide him, within a reasonable period of time, with a copy of the warrant for his detention, unless they are penalised for unlawful arrest. The person who is the subject of the arrest warrant should seek the advice of a criminal defence lawyer at this stage.
He undergoes the booking process until the individual is arrested. This requires the process of reporting where police authorities do the fingerprinting and other procedural criteria. When the booking process is being performed, the accused person is given the opportunity to speak to his attorney. He is permitted to speak to a criminal defence lawyer while the suspect is in police custody. When the court hearing is set, the accused person will remain in police custody and such a court hearing must be held within 48 hours of the person being accused. Especially before the court hearing is held, it is very important for the accused person to have the opportunity to speak with his attorney.
After being confronted with the particular charges brought against him in court, the person being charged with the criminal offence would be asked by the judge to enter a plea. The plea may be either guilty, or not guilty, or no contest. If the defendant decides not to lodge a plea, the court shall, through the judge, lodge a plea of not guilty on his behalf.
Notwithstanding the circumstances of the accused person , particularly when he feels that the evidence against him may not be sufficient to prove his guilt beyond reasonable doubt, he could choose to enter a non-guilty plea. In that case , in order to determine whether the person may be convicted or acquitted of the crime for which he is being charged, the court will continue to hear the case.