#What does a Criminal Lawyer do, and why do you need one?
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A criminal lawyer defends people who are charged with crime. The defendant can hire a criminal defence lawyer, and if they are unable to do so, the court can appoint one.
When you are falsely accused of a crime, it can be an overwhelming situation. You might think that you have not done anything wrong. But things are not that simple. Mere innocence does not guarantee any favourable outcome in complex cases. That’s why you need an experienced criminal lawyer Kitchener to represent you. In this blog post, we will understand the role of a criminal defence lawyer.
How can a criminal lawyer help you following an arrest?
When you are charged with a crime, you face actions that can restrict your freedom. This is when a criminal defence lawyer will try all the ways to protect your rights.
- During this time you will need proper legal advice so you or your family members do not take any step that could make your case even more complex.
- Your lawyer will negotiate with the prosecution and advocate the best possible outcome in your case like reducing charges or achieving a dismissal.
Why do you need a criminal lawyer following an arrest?
Key ways a criminal defence attorney can assist after an arrest:
- Your lawyer will inform you about your legal rights, like the right to remain silent and the right to consult with a lawyer.
- Your lawyer will represent you at the bail hearing to argue for your release on reasonable conditions.
- You need an experienced lawyer to completely analyse the evidence presented by police disclosure or prosecution. This can help you find the weakness in their case.
- Your attorney is responsible for advising you on what can be consequences of different plea options.
- Your lawyer will work with you to make a defence strategy considering potential witnesses and evidence.
- They question prosecution witnesses during trial to challenge their credibility and highlight inconsistencies in their testimony. This strengthens your side.
- They will present evidence and arguments to support your innocence and counter the prosecution’s narrative.
- They will prepare you for the trial by explaining the court procedures and telling you what to expect during testimony.
VRS Law can help with a variety of charges, including:
- Assault: Assault charges can be complex and involve multiple classifications, such as domestic, sexual, aggravated, or with a weapon. A lawyer can help build a case to dismiss or reduce the charge. They can also help defend against false accusations by using self-defence laws.
- Fraud: Fraud charges can include tax fraud, credit card fraud, identity theft, and more. A lawyer can help with these charges.
- Other violent offences: A criminal lawyer Kitchener can help with other violent offences, such as robbery.
During the Bail Hearing
- When you are held in police custody, there will be a pending hearing where it will be determined whether to release you based on the nature of the charges and your criminal record. This hearing is called a bail hearing.
- Under the Criminal Code of Canada, a police officer is required to bring the accused before a court within 24 hours of arrest. A bail hearing is not always conducted immediately following an arrest, as there is often a scarcity of courts available. The Crown is equally bound to ensure that the first appearance takes place within 24 hours and that they are ready to hold a bail hearing if the accused applies for one. The main purpose of bail is to ensure the attendance of the accused in court, public safety, and public confidence in the delivery of justice. The Criminal Code defines three grounds for denying bail:
- To ensure that the accused will attend court
- To protect the public, the victims, and witnesses
- To maintain confidence in the administration of justice
A lawyer is very important in a criminal case bail hearing since they are helpful in ensuring that the rights of the accused are protected and, in turn, ensure them of the best outcome. A lawyer can do the following:
- Help the accused understand the bail process and provide support throughout.
- Help the accused assess and choose the best options available.
- A lawyer can help negotiate and may even be able to help dismiss the case.
- If the accused pleads before being charged, a lawyer would be able to plead him for a lesser punishment.
- A defence lawyer can counter examine prosecution witnesses.
- A defence lawyer can put up their own witnesses to defend them.
- Bail is considered a legal term that assures people of rights when criminally accused. It holds that people are not presumed to be held before becoming proven guilty.
Pre- trial Preparation Charge investigation
- A lawyer will read the complaint and charging documents, and then consult with the client to gather information. They may interview witnesses and other people who can aid in solving the case.
- A lawyer will look for the weaknesses of the prosecution’s case and obtain evidence to support his client’s defence. He may also review relevant laws.
- You shall present all types of evidence, precedent or an argument in the defence of the client before court. Explain to the court why this was the reason for the fact that your client acted this way, what he is doing in an attempt not to do that.You will make sure to cover your client rights, getting the best at the end of it all.
- The work of a lawyer matters because the court needs to know about all the evidence presented before arriving at a fair sentence. A lawyer’s poor performance can result in an unfair sentence for his client.
- A lawyer helps you keep track and correctly fill many legal documents.
Wrapping Up
A lawyer is someone whom you can discuss anything regarding your case with. The lawyer’s duty is to prove that his client is innocent or not-guilty until proven otherwise. In fact, a lawyer may even be able to help get the case dismissed even before it begins by negotiating with the prosecution. They can try to investigate the charges filed against you in order to find inconsistencies and potential loopholes in the evidence. They can make their client think of every possible option and choose the best one.
by Edward William
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