When facing a criminal charge one faces a complex legal system, complicated paperwork, specific procedures and a lot of stress. An individual can choose to represent himself or herself, but hiring a lawyer would provide important help during the pre-trial and trial steps.
What are some benefits to hiring a lawyer?
Here are just a few of them:
- Criminal system awareness – A lawyer knows the criminal system, a system that is not extremely easy to understand. A lot of confusion can be stirred when an inexperienced person deals with criminal law for the first time. Even the simple fact that a lawyer knows who to talk to and when is an advantage of having a lawyer to work with. His or her knowledge of the law and ability to understand the risks you can face at trial are moreover important.
- Evaluation of the case – There are many possibilities that a lawyer might see when evaluating a case, because practice counts here too, like in all fields. Furthermore, the lawyer can stay objective. If you attempt to represent yourself in court, your subjectivity might affect how you evaluate the case even if you have fundamental understanding of the law. A lawyer can clearly see both the strengths and the weaknesses of the case. It is important that he or she is sincere with you too, where these aspects are concerned. The strengths will be used to get you the best possible outcome of the process.
- Protection – The Crown (prosecution) needs to have evidence in order to prove that you are guilty. Much of the information will be provided by the police and they are very good at obtaining pieces of information from you without you even being aware of what is happening. A lawyer can quickly understand why you are asked certain questions and thus can protect you from police questions that aim to elicit incriminating information.
What benefits can there be where the prosecutors and judges are concerned?
- Let’s say that you are facing impaired driving charges. Your lawyer may have a plea bargain with the Crown, and, instead of you going through a trial at the end of which you might be convicted for DUI, which is quite a serious criminal charge, you might be allowed to plead guilty for a lesser charge, such as speeding. For impaired driving, Canada has big fines and also jail sentences, so you should prefer a record for speeding, and the Crown will be glad not to have gone through trial. Of course, such a plea bargain can best work out when the lawyer and the Crown are in a good relationship. That is why having a good lawyer and moreover one that has experience with the Crown is of benefit to you.
- Sometimes it can even be important if the judge likes your attorney or not when aiming at least for a lesser sentence, if being acquitted is hardly possible. This may be a big expectation – that the judge likes to work with your lawyer – but at least your lawyer might know what surprises to expect from a certain judge given his or her experience in the system.
What about the rest of the court personnel?
Of course, the fact that your lawyer has already interacted with the rest of the court personnel can be of help. You attorney has probably established a relationship, hopefully a good one, with bailiffs, clerks, police officers and other people whom your case might involve in some way. All these contacts might prove to be useful at some point.
Visit this criminal law site if you’ve been charged with criminal offence.
What Is Criminal Law?
Criminal law, or penal law, revolves around crimes and the punishments for them. It defines offences and establishes the proper penalties so that society can be managed in a way that brings everyone safety. Criminal procedures involve investigation, apprehension, charging, and trying the suspects. The point of the criminal process is to analyze the existing evidence and see if it proves the guilt of a suspect. The individual charged with accusations is presumed innocent until proven guilty with sufficient evidence.
Steps Involved In The Criminal Process
There are variations across the country, but the basic process is overall the same in any province:
Arresting the suspect – This is the first step in the criminal process. The police are responsible for dealing with this step, as they will take the person or persons suspected of a crime into secure custody. When in custody, the person has the right to remain silent and to have an attorney during questioning.
Plea and arraignment – The first court hearing after the arrest has taken place is the arraignment. Let’s say you are a Calgary criminal lawyer. After the judge says what the crimes the suspect is accused of are, your client will say if he or she pleads “guilty” or “not guilty”. If in police custody, you can help your client be released on bail. This means that a sum of money will be paid so that the client can be released from custody while the process develops.
Can the process be held? – After the arraignment comes the preliminary hearing, where the prosecution must show the judge that the existing evidence is enough for the trial to start. The prosecution will show what pieces of evidence there are and question witnesses, if there are any. If it is decided that the evidence is enough for your client to be charged with the crime and the trial to start, then a second arraignment will be scheduled.
Processing and sentencing – Here, you (standing for the defense) and the prosecutor will present different views on the crime and how it was committed. The prosecution will be the first to present its case, calling witnesses and showing evidence. You, too, can question the witnesses that have been brought by the prosecution. After the case has been presented by the prosecution, you will present your own version of the events in question, while the prosecutor can question the witnesses brought in by you. The jury then discusses in order to reach a decision. If the verdict is that your client is guilty, then your client will be sentenced by the judge.
What Can Make A Criminal Case
You may become a DUI lawyer – Calgary sees many DUI cases every year – or deal with many other types of offences, some of which include:
Offence against a person (criminal negligence, assault, sexual assault, battery, false imprisonment, mayhem, kidnapping, homicide crimes, etc.)
Offence against property (burglary, arson, blackmail, extortion, embezzlement and others)
Crimes against justice (misprision, perjury, obstruction, etc.)
While a lawyer is free to specialize in more than one type of offence, the ones that stick to just one are usually seen as better experts in that particular field.
A felony can be a dangerous charge for any person to endure. This could potentially keep a person from being employed or receiving financing assistance from any place. There’s even the potential for a felony to cause anyone to lose the right to acquire firearms as well.
However, a criminal attorney may help a client out by getting into a felony diversion program. A person who is accused of a felony may choose to use this service in order to avoid having to deal with problems relating to a felony being on one’s record for life.
This process can be facilitated by a criminal law attorney to where the client will have to plead guilty. This may be required in the event that there is no evidence that might suggest that person is not guilty or even a case where the person has no way to argue that an arrest is invalid.
The lawyer can negotiate with a court to have the person who committed the felony be sent into the diversion program after the guilty plea. The person who was arrested will then be asked to engage in a series of activities to clear the felony off of that person’s name.
The diversion program typically involves things like having to go into a community service program. This includes having to perform a certain amount of time in community service under the control of another party.
A program fee and classes may also be required. These include courses offered by a local non-profit group dedicated to keeping people from engaging in certain activities in the future.
The person will have to avoid getting into any other felonies for a certain period of time. This might involve one or two years of time. That person’s old felony can be dismissed from that person’s record. There’s also the potential for expungement to occur where the data will be completely removed and all legal documents are taken out of record.
A felony diversion program may end up being essential for a person who is trying to keep from getting into any serious issues with the law. This is a program that uses various methods to keep a person from getting in trouble and may end up causing that person to avoid having a felony in one’s name if it is followed appropriately.
There are many times when a person might need the help of an impaired driving lawyer. This particular type of lawyer may be of value when dealing with varying issues involving impaired driving.
It will be important to get help from the services of an impaired driving lawyer in the event that one has been arrested for drinking and driving. This may occur at practically any time and in any location around the country. In addition, there are times when a person might be arrested with suspicion over drunk driving even if one did not do anything relating to drinking.
In addition, a person should contact a lawyer when there are times when someone might have been accused of acting illegally for reasons that might not involve alcohol. This can include cases where a person might be arrested due to something like driving while using drugs or even driving while being distracted in some way. A person does not have to have drunk any alcohol in order to be arrested for impaired driving.
People who have been impacted by vehicles that they feel might have malfunctioned at some point might also talk with an impaired driving attorney for help. Sometimes impaired driving lawyers can help people out with a variety of issues relating to car liability issues and malfunctions relating to what might happen with a car. These are issues that often make it harder for some vehicles to function properly and must be reviewed carefully when finding ways to get different concerns fixed.
Finally, people with medical issues might need help from a lawyer. A lawyer might be used in the event that someone argues that a sudden medical condition might have caused an impaired driving incident to occur. This can include something that a person never expected to experience while driving whether it be a seizure, a heart attack or other sudden problem that can get in the way of one’s body while trying to drive properly.
Many services from impaired driving lawyers are important to think about because they relate so heavily to what might happen when dealing with poor driving issues. People who are arrested for impaired driving should contact a lawyer for help regardless of what the cause of impaired driving might be.
If you’re looking for a reliable DUI lawyer Toronto, visit our website today!