In the unfortunate event that the police ever arrest you for crimes like petty theft, sex offenses, or even murder, the worst thing you can do is to start talking and protesting your innocence to the police. Instead, politely and calmly state that you would like to speak with a criminal lawyer. Or, if you’ve been arrested for driving under the influence, you better insist on speaking with houston dwi defense attorney. It would be best if you didn’t say anything more because a skilled prosecutor can use even small items mentioned in passing as evidence against you.
After you have been arrested, you will be taken to a police facility for booking. Police will often ask if you want to make a statement for the record about your arrest and your interpretation of the events. It’s important that you politely refuse this offer since anything you say could be admissible in court and used against you during your trial.
You may be placed in a holding cell for a short period until you can be seen by a judge or magistrate who will decide your bond. Bond in an amount of money that is used as a kind of financial insurance to make sure that you show up for all of your trial dates and that you do not try to flee the country.
Next, you will be given a court date for an arraignment. The arraignment is the formal court hearing in which you will be accused of your crimes, told that you might wish to consult with an attorney, and asked to issue a plea. The court will then set a trial date.
Once you have entered a plea to the court, the discovery period begins. This is the fact-finding period in which your criminal defense team will investigate your case and any documentation that has the prosecution. Your defense attorney will go over any documents, bits of evidence, and other information to formulate your defense for the trial.
How your trial proceeds depend on what you have been accused of and whether it is a felony or a misdemeanor. If your offense is a misdemeanor, you will have your case heard before a judge. If you are accused of a crime, you will have a preliminary hearing before a judge. If he decides that there is enough evidence to proceed with a trial, he will pass your case to a grand jury. If the judge finds that there is not enough evidence against you, your lawsuit will be dismissed.
In a grand jury, the prosecution presents its case against you. If the grand jury agrees that there is evidence to support that you committed a crime, they will issue an indictment. You will then be given a court date for the beginning of your criminal trial. The prosecution will present its case against you by providing evidence and calling witnesses to testify against you. Your defense team will cross-examine the witnesses and offer counterarguments to the prosecution’s case. To prove the crime, the trial must show that the evidence indicates that you are guilty beyond a reasonable doubt.
If you’ve been convicted of a crime, your last chance to reverse the decision or to change your sentence depends on appeal. During the appeal process, your defense team will present to the appellate courts a list of mistakes that were made during your trial that might have changed the verdict. If the appellate courts agree that the judge or prosecution made mistakes, they can overturn the decision. Prosecutors can then decide to retry you and correct their errors.
If you are ever accused of a crime and arrested, it’s essential to seek proper legal representation. Having a good defense lawyer can mean the difference between life and death.