Criminal defense is a strategic argument that attempts to challenge the validity and sufficiency of the prosecution’s evidence. The party who is trying to prove the criminal charges against you is called prosecution.
Criminal defense law also includes the legal proceedings for people who have been accused of a crime. Remember that law enforcement agencies and government prosecutors have extensive resources at their disposal.
If you are charged with a crime and don’t have a criminal defense attorney in Albuquerque by your side to defend you, the justice will be skewed in favor of the Government. Fair treatment for a defendant is guaranteed and often depends more on the skill of their defense attorney.
All criminal prosecutions are based on evidence gathered by the government. This includes,
– Physical items of evidence
– Witness statements
– Drug and alcohol tests
The Fourth Amendment to the US Constitution prevents the police from using unreasonable searches and seizures to gather evidence. A criminal defense attorney in Albuquerque NM has the right to ask the court to suppress the evidence in case if it is collected from unreasonable searches.
As mandated by the “double jeopardy” provision of the Fifth Amendment, someone who has been tried and acquitted of a crime cannot again be charged with that office.
The Sixth Amendment
According to the Sixth Amendment, criminal defendants have the right to a public trial and to confront adverse witnesses, and to use the court’s subpoena power to compel the appearance of favorable witnesses.
Obtaining a Release
In order to secure bail while a case is pending requires the defendant to post bail. Bail is good faith money that gives the court a form of collateral to ensure the defendant returns to court to attend future proceedings in the case. The mail money is fortified if the defendant fails to appear the trial.
If a person cannot afford bail they may use a commercial bond service or ask the judge to reduce the bail amount.
In some cases, the defendant and the prosecuting attorney will enter into a plea agreement and that case will never reach trial. A defendant can convince the prosecutor that a lenient sentence is appropriate because they have changed their criminal ways.
A Winning Defense
One of the keys to success when your case goes in front of a jury is presenting a skillful and persuasive theory of why the defendant has been falsely accused. The criminal defense lawyer in Albuquerque you choose should touch upon this theory throughout the trial and not be swayed by their pre-existing beliefs about the issues in the case.
One should understand that a criminal justice system is not designed for people to represent themselves. Only hiring a criminal defense lawyer helps you to stand up for your rights, fight back and obtain the best result possible.
The author of this article is the leading criminal defense attorney in Albuquerque with over 15 years of experience in the industry. In this article, he explains the process involved in a criminal defense case. Visit http://www.lawoffice-lh.com/ for more information.