The Criminal Attorney For The Defense Protects The Constitution
The Criminal Attorney For The Defense protects the constitution. This might surprise you but the criminal lawyer deserves respect for upholding the constitution. The constitution states that everyone charged with a crime is to have legal representation in the criminal proceeding.
Some countries do not recognize this right and convict people without a trial. But this country stands for basic principles of justice. The right to a lawyer should never be taken for granted. It is the duty of the attorney for the defense to make sure his client’s rights are upheld. When someone is charged with a crime one of the basic rights he or she has is to not talk until his or her lawyer is present. This is because the person does not have enough knowledge of the law to know that what he says might affect his case. The attorney is the objective person to make sure the accused is fairly charged and fairly convicted if he is guilty of the crime.
The government must adhere to all the laws of evidence and of criminal procedure. The government must follow the rules of due process. The government is charging the person, bringing the action against, who is on trial. They need to be held to the standard of law.
There is also the right to plead guilty without having a trial. This is usually the case if their is a plea bargain involved.
If the case is so compelling for conviction then the defendant has the right to plead guilty so he will have the chance of a lessor sentence. The plea bargain happens when the defense lawyer meets with the prosecution to get him to agree to a lessor sentence than his client would get if his client went to trial.
The defense attorney is also negotiator. He will bring up all the arguments in his client’s favor. Perhaps his client has a clean record up to that point. He will say that his client messed up and will not do this again.
He might say that his client is willing to take any counseling the prosecution suggests or that he will do community service.
The purpose of the criminal attorney is to represent his client as zealously as he or she can. This is in fact the attorney’s duty. Part of the zealous representation is to get the best plea bargain he can.
But the prosecution might not agree to a lessor sentence and so the case goes to trial. The criminal lawyer then is responsible not to misrepresent his client but to make sure the government proves their case. He does not lie about his client or the charge but he makes sure the government is also honest in their case.
The prosecution has the burden of proof. The client is innocent until proven guilty. This means the criminal lawyer need only try to disprove the government charge. He does not have to prove the innocence of his client.
Some have a poor opinion of the defense criminal attorney. The Criminal Attorney For The Defense protects the constitution. We must appreciate his job and his role in our judicial system.
A criminal lawyer gives legal advice when being charged with a crime. These criminal lawyer Toronto can also assist in handling drinking and driving cases.
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