It is not only hardened criminals that find themselves on the wrong side of the law. Each year thousands of ordinary people are arrested or investigated for a wide range of crimes ranging from driving under the influence to to tax evasion. Charges of committing a crime is a very serious matter. When facing criminal charges or, even worse, when arrested the first priority should be to appoint a New Jersey criminal lawyer immediately.
All law enforcement agencies are obliged to observe the rights of any person they arrest or investigate. No accused can be forced to answer questions or to make a formal statement without his attorney being present. It is easy to say something that will prove harmful at a later stage and it is therefore best to insist upon this important right when arrested or when approached by the authorities with a request to answer questions.
As soon as an attorney agrees to take a case he will first make sure that all the regulations have been followed meticulously by the investigating authorities. He will also consult with his client and he will be present when his client makes a statement. The authorities are obliged to provide the attorney with the facts that led to the arrest or investigation and he will study the case against his client very carefully.
If the accused have been arrested, the attorney will do everything possible to have him released on bail. The accused will be told what the conditions of bail are, often a requirement that he reports at a specified police station daily, that he surrenders his passport and that he undertakes not to interfere with the case in any way. He will also have to pay a cash amount that will serve as guarantee that he will be present when the case is heard.
Anyone released on bail need to understand that it is vital to keep to the conditions set by the court. If this is not done the accused can be arrested again and will have to remain in custody until his case is heard. This can take months. Contravening the conditions of bail can also lead to additional charges and the original bail amount will be lost.
Attorneys are in unison when they say that their biggest problem is clients that lie to them. It is vital to be brutally honest with an attorney. He needs all the facts, however embarrassing or incriminating, if he is going to build a feasible defence. The relationship between an attorney and his client is confidential and it would be extremely foolish not to trust the person employed to deal with a problem.
Because the courts are so overloaded it is often possible to reach an agreement with the prosecutor. Such an agreement is called a plea bargain. The accused agree to plead guilty and in return accepts the sentence that was negotiated between his attorney and the prosecutor. The agreement is then endorsed by a judge and the matter is finalized then and there.
The worst thing anyone facing criminal charges can make is to represent himself. Even innocent accused can easily make mistakes that will haunt them for the rest of their lives. The justice system is complicated and there are many potential pit falls. The only answer is to get professional help when accused of committing a crime.
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Author: Donna MurrayThis author has published 1 articles so far.