You Think You Are About To Be Arrested… Now What?
by: Tony Merlino
If you are being charged with a federal offense the US attorney for your
jurisdiction will be prosecuting the case. However, most criminal cases are
prosecuted by the state. If the offenses are proven, you may be facing jail
time. Civil cases by comparison are resolved by individuals and usually do not
involve incarceration.
If you are facing serious criminal charges and your freedom lies in the
balance you need professional advice and you need it quickly.
Here are some of the things you need to know.
The Fear Factor
Facing a serious criminal charge is a frightening ordeal. This is not the
time to, "fall to pieces". In fact, at this point it is critical that you become
clear headed and get direct answers to your questions.
Just a note here about your fears:
In the face of fear, there is no knowledge. In the face of knowledge, there
is no fear.
Your lawyer's job is to provide the knowledge to remove your fears. So,
choosing your lawyer wisely is critical to your future.
It is extremely important that you retain an attorney with proven experience
in serious criminal matters. Doing so is the prudent way of staying out of jail
or avoiding a long prison term. You should consider asking yourself a few
questions before retaining a criminal lawyer.
Who - What - When - Where - How - and Why
Sound familiar? Well, they are "Action Verbs" They are also the "Action
Questions" you need to ask your lawyer so that you can obtain the "knowledge
that will alleviate your fears", so you can face this ordeal in a clear and clam
state of mind.
Let's get down to business!
When it comes to your case, the What, When, Where, How and Why must be
answered by the attorney to your satisfaction. But the big question is who.
Your criminal defense attorneys should be experts in "serious criminal
matters". Their past criminal representations should include investigating and
defending both State and Federal violations in the area of concern to you.
You must take control of the attorney hiring. Ask them for a list of cases
they have defended in the past. Here is a list of some of the benefits you
should expect when you choose your criminal attorney.
Free Initial Consultation
Strict Privacy
Personal case management
Attention to detail
Achieving the best possible outcome - to your case based on the
circumstances.
Doing everything legally possible - to protect your rights, insure fair
treatment and give you the best possible defense.
Your criminal defense attorneys should carefully review the details of your
case.
They should interview you to learn the facts from your perspective.
They should determine which course of action is most likely to produce a
favorable outcome.
They should evaluate the extent and severity of your case and fully explain
all of the possible ramifications.
Once you retain the attorney's services, all documents records and evidence
related to your case should be analyzed. Only then can a course of action will
be recommended.
If you plead "Not Guilty" and go to trial, every piece of available
information must be uncovered to assist you in proving your innocence.
Typically, criminal cases prevail on the strength of evidence presented and
testimony from witnesses. Both the evidence and the witnesses need to be
scrutinized to insure that your case is viewed in the most favorable light.
Is It Necessary To Go To Trial?
Your case should always be prepared "AS IF" it indeed will be necessary to go
to trial. If a trial can be avoided and a satisfactory resolution is achieved
prior to trial, everyone leaves happy.
However in case a trial is necessary your attorney should be expertly
prepared to defend the charges by utilizing all of the legal resources at their
disposal.
Your case is important and should NEVER be treated as a "run of the mill"
criminal case. In order to reach a fair and equitable outcome for you, it is
necessary to bring forth an expertly prepared defense.
Your criminal defense attorneys and their team must be prepared to gather,
compile and analyze all available evidence to help prove your position.
This is called the "discovery phase". During this phase your attorney and the
members of the team will conduct depositions of witnesses and exchange written
information with the prosecuting attorney commonly known as interrogatories.
This is also known as the "Pre-Trial Phase" of the case. Many charges are
reduced or resolved during this period, which can take several weeks to several
months depending on the type of case.
Once the pretrial discovery phase is complete your case will be scheduled for
trial. There could either be a jury trial or a judge can decide your case if all
parties are in agreement.
What Evidence Will You Need To Provide?
The short answer is, whatever evidence you have and all that you can think of
to help your attorneys win your case. When you have been charged or think you
may be charged, it is important that you remember and safeguard anything
favorable to your defense.
Trials are won and lost by the quality of evidence your lawyer is able to
present. Take good care of your evidence.
Be sure to keep it in a safe place or turn it over to your attorney for
safekeeping.
What To Do Now
It's been said, "Nothing Changes Until Something Moves" and it's YOUR MOVE!
Get in contact with a qualified, recommended and properly credentialed
criminal attorney.
You Have Nothing To Loose If You Take Appropriate Action... And Everything To
Loose If You Don't.
About The Author
Tony Merlino is webmaster and legal marketing consultant at
http://www.JerseyJustice.com, a legal information and marketing portal
for clients and their lawyers in New Jersey. |
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