Tag Archives: criminal defendant

St. Charles crimes defense attorney

Being arrested and charged with a crime can be a shocking and overwhelming experience. In some cases, a person can be falsely accused of an offense. It is important to know that individuals accused of a crime are protected by the United States Constitution as well as other statutes. It is critically important for anyone who is facing criminal charges to remember that he or she is entitled to certain rights as a criminal defendant, in addition to being innocent until proven guilty. When a defendant’s rights are violated, it can dramatically affect the outcome of any future criminal proceedings.

Your Right to Remain Silent

If you have ever watched a true crime television show or movie, you probably heard the phrase, “You have the right to remain silent.” This right is specifically stated in the Miranda Warning, a list of notifications typically given by police to a criminal suspect upon arrest. The right to remain silent is protected by the Fifth Amendment to the U.S Constitution. The Constitution states that a criminal defendant cannot be “compelled in any criminal case to be a witness against himself.” Put another way, you cannot be forced to incriminate yourself. If you are arrested and taken into police custody, calmly tell police officers that you are utilizing your right to remain silent and then say nothing. Do not consent to any police questioning or interrogations until you have a lawyer present. Choosing to remain silent will ensure that you do not say anything that can be used against you in any resulting criminal proceedings. It also helps ensure that you are not tricked into saying something you do not mean during a stressful interrogation.

...
Continue reading

Naperville criminal defense lawyers, plea bargain, criminal defendant, criminal case, criminal convictionCriminal defense is a complicated area of the law. In the most general sense, it is the practice of developing defense strategies that can be used in the courtroom to demonstrate that an individual charged with a crime is not guilty of the crime. These strategies often use evidence related to the alleged crime to show definitively that the accused individual had no involvement with it or that the prosecution’s evidence is not strong enough to prove beyond a reasonable doubt that he or she committed the crime.

Sometimes, it is just about impossible to show that an individual is not guilty of his or her charge. When this is the case, the individual’s lawyer can try different strategies to reduce the severity of the penalties the defendant faces, such as having him or her enter a diversion program or taking a plea bargain to have the charge reduced.

How a Plea Bargain Works

...
Continue reading