If you are involved in a criminal investigation, it’s essential to obtain the advice of an experienced criminal defense attorney to protect you at every stage of the case. During the initial investigation, your lawyer can present favorable evidence and insights to investigators that will affect the filing decisions and overall outcome of your case.
A criminal investigation can be intimidating, but you don’t have to endure it alone. It’s important to have an experienced, confident defense attorney by your side to advocate on your behalf and guide you through the process while minimizing potential risks at this critical stage of the criminal process.
You have rights during a criminal investigation and trial. A skilled criminal lawyer can ensure that those rights are protected and that you are properly advised and guided throughout the process. If you or someone you know are the subject of a criminal investigation, you should hire an experienced, qualified criminal defense attorney immediately.
Your Rights
You are afforded certain rights at every stage of the criminal proceedings. A competent attorney can ensure that your rights are protected and that the police do not encroach upon them.
These rights include the following::
- Right to remain silent
- Right to be represented by an attorney
- Right to have an attorney present during police questioning
- Right to confront and cross-examine witnesses
- Right to be presented with the evidence against you
- Right to a public trial
- Right to a speedy trial
- Right to a fair trial that meets standards of due process
- Right to present evidence and witnesses on your behalf
Criminal Process
The criminal process can be complicated and intimidating. To navigate it successfully and obtain the best possible outcome you need the assistance of a confident, experienced advocate.
Allegation
The criminal process begins when law enforcement is notified that a crime has been committed at which time they will begin tracking down possible suspects.
Pre-filing investigation
Once police are notified of a crime they begin their investigation. The police may question you and other witnesses and may also conduct searches of your property with a valid warrant. Upon completing their investigation, police submit their reports to the prosecutor’s office for filing consideration. The County District Attorney or City Attorney will decide what charges to file if any.
The City Prosecutor or District Attorney may choose from the following options:
- File criminal charges
- Reject the case and choose not to file any charges
- Request additional investigation from detectives before making a filing decision
Arrest
If charges are filed, a warrant for your arrest may be issued and you may be taken into custody unless a bail bond is posted on your behalf.
Arraignment
After an arrest, your first court appearance is the arraignment. An arraignment is a formal hearing when the judge advises you of the charges brought against you and explains your constitutional rights. At arraignment, the court will also schedule a future court date.
Bail Hearing
You have a right to a bail hearing. At bail hearing, your attorney can argue for a reduction of your bail or a release on your own recognizance (O.R.). If you are granted O.R. release that means the judge agrees that you may be released on your written promise to appear in court without any bail requirements.
Entry of Plea
In order to resolve a case before trial, a defendant may enter a negotiated plea with certain agreed upon terms and conditions. You can plead guilty or no-contest to accept a negotiated plea deal. A no-contest plea means that you do not admit guilt but you still agree to the conviction and agreed upon sentence.
A Criminal Trial
During a criminal trial, the prosecution must prove that you have committed the crime beyond a reasonable doubt. At trial, you have a number of valuable rights that your attorney may exercise on your behalf.
The Importance of an Attorney
Criminal defense attorneys are vital to criminal defendants. If you have an experienced lawyer by your side you can ensure that your rights are protected from the time of the initial investigation through trial. Here is how an attorney can assist you through every step of a criminal investigation.
Protection During Interrogation
If the police attempt to interrogate you, it is vital that you exercise your right to remain silent and refuse to speak with the police unless your attorney is present. Anything you say can and will be used against you, so do yourself a favor and keep your mouth shut. Your attorney can help you decide what information if any is safe to volunteer to the police.
While we all like to believe that the police are neutral in their search for the truth, law enforcement officers can be biased and motivated by prejudice or other factors. Protect yourself from biased police and interrogations by invoking your right to remain silent and your right to a lawyer when being questioned.
Investigation and Preparation of Evidence
During the initial investigation, your lawyer can uncover and present favorable evidence and witnesses on your behalf. Through private investigators, attorneys can prepare and provide witnesses’ statements and other evidence that is favorable to your case. Their goal is to find evidence that bolsters the defense case and helps avoid a conviction.
Additionally, your attorney may effectively address unfavorable evidence and present factors in mitigation to counter any negative evidence presented against you. If they discover evidence that negatively impacts your case the lawyer can strategically prepare and diffuse any such negative evidence.
Negotiate with the Prosecution
If you are charged, or it looks like you may be charged with a criminal offense, your lawyer can negotiate with the prosecution on your behalf. They might convince the district attorney to reduce or drop charges or reduce or negotiate your sentence.
Handle Media Coverage
For high-profile cases, it is essential to have an experienced attorney handle the media. Some crimes draw intense public interest which can create bias against you and paint an unflattering picture of your involvement in the case. A qualified attorney will know how to handle the media to ensure that you are presented in the most favorable light under the circumstances.
Prepare for Bail
Should you be arrested, you will have the chance to post bail. If you believe you are likely to be arrested and need to post bail, it is better to prepare in advance.
Your lawyer can assist you in arranging bail. Attorney-referred bail bonds usually have a lower fee.
Additionally, your lawyer can speed up the bail process and expedite your release from custody. By preparing ahead of time, they can work quickly to post your bail and get you out of jail.
Representing yourself
In California, you have the right to represent yourself but this is never a good idea. It is important to separate the roles of the defendant and legal advocate. When one person attempts to take on both roles it limits their ability to effectively excel in either role. A defendant is expected to maintain a certain demeanor and level of composure during the trial while the attorney will play a more aggressive role at times while questioning witnesses and advocating for the client. Additionally, a self-represented defendant usually lacks the necessary training and experience to adequately defend against criminal charges brought by a licensed attorney prosecutor who will spare no expense in obtaining a conviction.
Now You Know
If you are involved in a criminal investigation, it’s vital that you obtain the representation of an experienced and knowledgeable attorney. We can help you through the process and fight for your rights every step of the way.
For those in Southern California, contact award-winning criminal defense lawyer Tarek Shawky, managing attorney at Shawky Law. Shawky Law is an experienced and fierce criminal defense law firm fighting for your rights throughout the entire criminal process, from the start of the investigation to trial. Call us now for a free consultation