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Criminal defense is a controversial topic in the U.S. Many people wonder how a defense attorney could defend the people they do. But behind the scenes, how does criminal defense really work? Who needs a criminal defense attorney, and why is this constitutional right to defense so vital? If you have questions, get them answered here. Understand every U.S. citizen's right to defense, the steps involved once charged have been made, and why criminal defense attorneys aren't just sticking up for big, bad guilty people. This presentation was created by Minneapolis criminal defense attorney Carolyn Agin Schmidt in partnership with Happy Dog Web Productions. If you live in Minnesota and would like to discuss how a criminal defense attorney could help you, get started with a complimentary consultation by visiting http://www.caslaw.net/free-initial-criminal-defense-consultation.
Citation preview
It all starts with a criminal charge
and a person accused of a charge.
What happens next?
In order to be prosecuted in court, the criminal charges against a person must be based on a reasonable cause to believe that a person could have committed the crime they are accused of.
This is called “probable cause.”
However, in trial, the level at which prosecutors have to prove that a person has committed a crime is higher.
Prosecutors have to prove
“beyond a reasonable doubt” that a person has committed the crime.
The Founders of the United States believed in a just, fair society.
Unlike many countries around the world, the Founding Fathers saw it necessary to protect people
from punishment or imprisonment without proof.
That’s why the standard to establish legal guilt is so high… beyond a reasonable doubt.
So when a person’s charged with a crime,what happens next?
The accused person will have to appear in court for their first court appearance, called an
“arraignment” in misdemeanor cases
and a “first appearance” in gross
misdemeanor and felony cases.
At the arraignment/first appearance
After the charges and rights are explained to the defendant, bail and conditions of release will be determined, and another court
appearance will be scheduled.
At an arraignment the defendant must enter a plea, usually “not guilty.” At a first appearance there is no plea required. That will happen later in
the case, usually the omnibus hearing or pre-trial.
A preliminary or omnibus hearing occurs
before trial.
Evidence is presented to determine whether there is “probable cause” to believe the defendant committed the crime, and evidentiary challenges are heard.
The defendant (the accused person) has three options.
1. SELF-REPRESENTATION. Continue with the trial and represent yourself.
2. PUBLIC DEFENSE LAWYER. Fill out paperwork for a public defender.
3. PRIVATE DEFENSE LAWYER. Hire a criminal defense attorney and mount a defense.
1. SELF-REPRESENTATIONIt is my professional opinion that one should avoid self-
representation at all times, especially the most serious of charges.
Often times, people make the mistake of thinking they can handle a case themselves and pay a lot more for their mistakes
than if they had hired a lawyer.
You should at least consult with a lawyer before deciding to represent yourself. Most lawyers will give you a free
consultation.
2. PUBLIC DEFENSE LAWYER
For anyone who cannot afford a private attorney you should apply for a public defender. Public defense is a legal right if you
qualify for a public defender.
However, public defenders can often only devote limited time to each case because they have so many cases.
3. PRIVATE DEFENSE LAWYER
Private defense lawyers typically have smaller caseloads, which usually means they have more time and resources to
devote their full attention to a case.
While there are excellent and poor lawyers in both the public and private realms, clients will likely experience more
personal attention from a private lawyer.
What are a person’s rights?
In the U.S. legal system, if you’ve been accused of a crime, you are entitled to:
Due processThe Fifth and 14th Amendments to the constitution state that no one shall be “deprived of life, liberty or property without due process of law.”
Legal counselThe Sixth Amendment to the Constitution says “In all criminal prosecutions, the accused shall enjoy the right… to have the assistance of counsel for his defense.”
The definition of criminal defense
Criminal defense involves building a defense in favor
of a person who has been accused of a crime – the “defendant.”
In criminal defense, a lawyer will advocate for their client, creating the best possible defense in their favor in order to reach the best possible
outcome for the case.
What are the goals of criminal defense?
Even in cases where guilt seems very apparent, the full burden of proof is still on the government.
Criminal defense
forces the prosecution to prove the charges, negotiates in
favor of the defendant, and leverages the playing field for the defendant so that the outcome of
the case is less harsh.
How can criminal lawyers defend someone they think is guilty?
A defense attorney’s job is not to cover up or hide a person’s
perceived wrongdoing. Many attorneys do not even ask if their client committed the crime.
Instead, a defense attorney’s job is to provide a strong defense that forces the prosecution to provide prove guilt beyond a reasonable
doubt. A person is “innocent until proven guilty,” and a criminal defense lawyer mounts a defense that challenges the case against their
client.
Criminal defense focuses on the
prosecution’s case against a client.
Often, charges seem too strong, or the trial may not provide substantial evidence to match the charges. A
criminal defense lawyer will fight for charges that match the evidence, and for a just punishment, if any punishment
is warranted. Sometimes, they’ll fight for their clients’ innocence, and for an acquittal.
Typical defenses in criminal cases
They didn’t do it
because…
Reasonable doubt
Alibi
Innocence
They did it, but… Intoxication
Self-defense Entrapment
Mistake of law or mistake of fact
Necessity
What criminal defense lawyers commonly seek for their clients
• Reduced/waived bail• Prevented conviction• Dismissed charges• Acquittal • A just, fair punishment,
often less harsh than what the prosecution seeks
The defendant has options to resolve their case:
Plead guilty to the charges or plea bargain to prevent the case from going to trial, which may result in reduced charges or
lesser sentences.
Plead not guilty and have a trial by a jury or judge.
How can hiring a criminal defense lawyer
help you?
A criminal defense lawyer Knows the local court, laws, and procedures – and how to build the most effective case when dealing with a certain judge or prosecutor.
Can advise a client on whether or not to plead guilty, based on the facts of your case, and help determine a possible plea bargain.
Is familiar with all types of defenses, and will find the most effective defense for your case.
Can coach a client on what to divulge in court.
Will provide support and guidance through an often emotional, trying time.
Advocates for a client to the best of their ability.
Ultimately, a criminal defense attorney wants to prevent unjust convictions and/or punishments…
…and preserve their client’srights.
Who hires criminal defense attorneys?
Everyday peoplecharged withcrimes
Criminal defense lawyers deal with all sorts of charges.
General criminal charges
DUI/DWI
Domestic assault
Theft and fraud
White collar crime
Sex crimes
Traffic violations
With their legal expertise, lawyers can
turn the tide for a person who’s facing charges, resulting in a positive
outcome, protecting a career, and ensuring that they can continue to live their life.
Thank you for readingIf you’re in the Minneapolis or Duluth area and need an
experienced criminal defense lawyer,
The Law Office of Carolyn Agin Schmidt offers free criminal defense consultations for Minnesota clients dealing with a
wide variety of criminal charges.
To learn more, please visit http://www.caslaw.net/.