Criminal Defense

That is a good question.  What is a Criminal Defense Attorney? A Criminal Defense Lawyer is a lawyer that practices in the area of criminal defense.  This is when a person is being investigated for committing a crime, or, after they have been formally charged.

A criminal case usually starts when someone calls the police, calls 911.  That call goes to your local police department.  The police then respond by going to scene.  After the police arrive, they usually obtain a statement from the complainant.  The police will also obtain statements from witnesses.  Usually, last, the police will try and obtain a statement from the suspect, or, defendant.

Always Ask For A Lawyer.

The police are required to read a Miranda warning to a defendant.  The Miranda warning tells the person that they have a right to remain silent, and, that anything they say will be used against them in a court of law.  Most importantly, a person should ALWAYS invoke their rights to remain silent, and, to a lawyer.  This can be done politely by saying:  I don’t want to talk, and I want a lawyer.

Never Consent To A Search.

Along these lines, the police will also often want to conduct a search of your vehicle, home, or person.  Never ever consent to a search.  Also, do not ever physically resist.  You can politely tell the police that:  I do not consent to a search.  However, again, always remember, never physically resist a police officer.  Furthermore, if an officer does not have a warrant, and conducts a search without your consent, you must allow him to do so, and then challenge the search later in court.

The Arrest.

After obtaining statements from the complainant, witnesses, and the defendant, the defendant will be arrested.  The defendant will then be taken to a police station.  At the police station, the defendant will be booked.  This involves having your photograph and fingerprints taken.

The police will then type up police reports and forward them to the City Attorney, if the case involves a misdemeanor, or, to the County Attorney, if the case involves a felony.  The prosecutor will then draft a formal written complaint, with the facts and exact charges set forth therein.  The defendant will then be brought to court.

Hire A Good Criminal Defense Attorney.

The defendant should hire Lynne Torgerson Criminal Defense Attorney in Minneapolis, MN as soon as possible after being charged.  Moreover, cases proceed very quickly and your lawyer needs as much time as possible to work on your case.  Waiting until later in the case will hamper the ability of your lawyer to adequately represent you.  Also, do not try to negotiate a plea by yourself.

Furthermore, your criminal defense lawyer will make court appearances on your behalf, obtain all the evidence, such as police reports, audio recordings, video recordings, witness statements, medical records, drug test records, photographs, etc., and review it.  Your lawyer work to find factual defenses and legal defenses.  You may have approximately 1 to 20 court dates.

The Arraignment.

First, the court dates start with an arraignment, where you are informed of the charges against you.  Second, you will then have a number of intermediate uncontested omnibus hearings.  Third, you may have a contested omnibus hearing, an evidentiary hearing, to determine what evidence is admissible at trial.

What’s more,  whether evidence was obtained in a constitutional fashion will be determined at this hearing.  Your lawyer will also engage in negotiations with the prosecutor to see if there is a plea agreement acceptable to you, the client, and the prosecutor and the judge.  If the parties are able to come to a plea agreement, your case will be resolved that way.

If you and the prosecutor are not able to agree, then the case will be determined by a jury at a trial.  A criminal case can typically last anywhere from one (1) month to one (1) year.  It is best to be patient and continue to attend court dates in order to try and obtain the best outcome possible.

A Criminal Defense Lawyer Is There To Represent You.

A good criminal defense lawyer will consider the long-term consequences to your life, and try and minimize those as best as possible.  Sometimes this means keeping a conviction off your record.  Other cases, it may mean working to avoid a prison sentence.

A significant part of what a criminal defense lawyer actually does is protecting your Constitutional Rights.  This includes freedom of speech, your right to keep and bear arms, your rights against unreasonable searches and seizures, your right to a fair, speedy, and public trial, your right to remain silent, your right to counsel, your rights against cruel and unusual punishment, your right to equal protection of the law, your right to due process of law, your right to subpoena witnesses, your right to confront witnesses, your right to a jury trial, etc.

Protecting The Rights Of The Innocent And Guilty Alike.

Criminal defense lawyers, although generally disliked in the public square, actual perform the critical function of upholding our Constitution, so that we do not become like tyrannical countries of China, Iran, the former Soviet Union.

They protect the rights of the innocent and guilty alike.  Protecting the rights of the guilty actually protect the rights of innocent people:  it preserves our American system of criminal justice, so that innocent people are not convicted.  Indeed, our Constitution was founded on the principle that it is better that 99 guilty go free, rather than have one (1) innocent man convicted.  They should still teach this in school.

Your Lawyer Is There To Protect Your Rights And Help You.

The best type of criminal defense lawyer to hire is one who has been practicing a long time, say, over 25 years, because this provides valuable experience, and, one which has a published record of successes.