One of the criminal rights that every person should know and invoke is the right to not incriminate themselves. The United States Constitution's Fifth Amendment includes a clause that notes that no person can be forced to become a witness against themselves in court. Even though that sounds straightforward, there are some points that you should know about this fundamental right.
Many factors affect the defense of a criminal charge, so anyone who is facing these charges must consider carefully what they will do at each stage of the process. One component of the trial that many people might overlook is the sentencing phase. Some might think that they don't have to worry about it because they assume that they will be found not guilty. Even if you think that, it is still a good idea to consider what might come into the picture with sentencing.
When you are charged with a criminal case, you might decide that you want to have your case heard by a jury. This is a fundamental right that is guaranteed by the Sixth Amendment of the United States Constitution. Many people think that it applies to all cases; however, it doesn't. Only criminal cases that can lead to at least six months in prison are guaranteed a trial before a jury of the defendant's peers. If you do opt to pursue a jury trial instead of working toward a plea deal, you should have a basic idea of what is going to happen.
Criminal charges can't be ignored because they aren't going to go away. If you do choose to ignore them, there is a good chance that you are going to end up before the court without a viable plan. This isn't good, as you can't just "wing" your defense and assume that you will fare well. We know that you don't want to have to deal with this type of disastrous outcome. We are here to help you determine what defense options you might have.
Some criminal defendants opt for a jury to try to prove that they aren't guilty of a trial. This process is a lengthy one, but the end result is that a group of that person's peers listens to the facts of the case as they are presented by the prosecution and the defense during the trial.
While the entertainment industry tends to show the drama of criminal law jury trials, this isn't the way things usually happen in the real world. Most criminal cases are resolved when the prosecution and defense come to an agreement about what is going to happen. This is known as a plea deal.
We recently discussed the criminal justice reform recently signed by President Trump. The passage of this was a big step forward, but there is still a lot of work to do before the system is working as it was intended.
The need for criminal justice reform in this country has been present for a long time. Finally, steps are being taken to address this. President Donald Trump recently signed the First Step Act, which is a sweeping federal criminal justice reform bill. Anyone facing criminal charges should check out this bill and learn what it means for them.
Criminal charges can sometimes stem from questionable circumstances. Police officers have to make decisions about what they are going to do about certain things based solely on how they appear and what likely happened. In these cases, they do need to have probable cause to conduct an arrest, but this doesn't mean that they have all the evidence necessary to prove to a jury that you did commit a crime.
All criminal charges must be based on proof that a person violated specific points of the criminal laws in the applicable jurisdiction. When you begin to plan your defense, you need to look at each specific point that must be present for the charges you are facing. Starting here might provide you with some aspects of a defense to focus on.