If you or a loved one are facing criminal charges that could lead to serious penalties like a harsh fine or prison sentence, hiring a highly skilled High Point criminal defense lawyer should be your next step. At Steven T. Meier, PLLC, we have the knowledge, experience, and resources you need to create an aggressive defense strategy.
In the US, certain legal protections ensure everyone receives a fair opportunity to defend themselves against the crime with which they’ve been charged. Knowing those rights can greatly influence the outcome of a case. For example, when someone is arrested, the officer involved must inform the individual of their constitutional rights, also called Miranda rights, before they can question them. Failure to do so can mean having statements excluded from a trial.
You are not required to answer any questions by law enforcement that might provide evidence against you while in custody. It is important to note, however, that you have to state that you are using the right to remain silent. If you don’t specify that, your silence may be used against you at trial. But once you do, the police should not continue to question you.
You have the right to legal counsel, which applies at critical stages of the legal process, including custodial interrogation. If you are being questioned by law enforcement, you can combine this right with your right to remain silent by stating that you wish to speak with an attorney before answering any questions. Once you invoke this right, police are required to stop questioning you until your lawyer is present.
Prior to an arrest, police are required to prove there is sufficient reason to believe you have evidence of a crime in order to get a search warrant. They must have either a search warrant or your consent to search your body, home, or vehicle or to take your personal property, and you are not legally obligated to give your consent without the presence of such a warrant.
Bail is a deposit paid to the court after an arrest, and it guarantees you will return to court for your trial. When you’re arrested, you are entitled to request bail, though the judge has full discretion to decide on the amount. Experienced defense attorneys may know of grounds for bail to be granted or lowered that a defendant may not be aware of.
Law enforcement can’t legally keep a defendant in jail for an unlimited amount of time without having their case heard. Some states set specific limits on what qualifies as a reasonable time, but North Carolina does not. Undue delays are still prohibited under this right, so while the court system can be slow, intentional delays are illegal.
Law enforcement and court officers have to follow proper legal procedures such as notifying the person about what actions are being taken and giving them the chance to be heard at an impartial trial. Failure to follow legal procedures can result in evidence being excluded from trial or even a case being dismissed.
Defendants have to be treated fairly, which means access to humane living conditions and medical care, as well as protection from violence by police, guards, and other inmates. This also means that people convicted of a crime can’t receive punishments that are excessively painful or cruel.
Knowing your rights is an important first step in protecting them. A qualified criminal defense lawyer has the knowledge of laws and procedures to ensure you are treated properly throughout the legal process. Your lawyer can assess the facts of your case and explain your legal rights and options. Most importantly, they can work on your behalf toward the most favorable outcome possible in your case.
A: A prosecutor and a defense lawyer have different roles in a criminal case. A prosecutor represents the state to prove that defendants broke the law in a criminal case and is tasked with proving the defendant’s guilt. A defense lawyer represents the defendant to make sure their rights are always upheld, proper procedures are followed, and the defendant gets a fair chance to fight the criminal allegations against them.
A: The prosecution has the burden of proof in a criminal case. One of the key provisions of the legal system in the United States is that defendants remain innocent until proven guilty. That means a prosecutor has to prove the defendant committed the offense beyond a reasonable doubt, as opposed to the defendant having to prove that they did not break the law.
A: While it is legally possible to defend yourself in court, it is generally not advised in most cases in High Point, NC. The legal system is complex, and navigating court procedures without experience can lead to costly mistakes that may negatively impact your case. Criminal charges often carry serious consequences, and without legal training, you may not be able to effectively challenge evidence or arguments presented by the prosecution.
A: One of the most important tasks of defense attorneys is to protect their client’s constitutional rights to a fair trial and legal counsel. This includes making sure law enforcement and court officers follow proper procedures and treat the defendant fairly throughout the process. It also means representing their client in negotiations with the prosecutor and in a trial if necessary.
The legal team at Steven T. Meier, PLLC has decades of combined experience with state and federal offenses and is committed to helping High Point clients through the legal process. Contact our office today to set up a consultation.
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