Criminal Law Process

The central meaning of the term “criminal law” is basically defined as what is designated to be an offense based on the commission of a criminal act including a violation of the rules and actions set forth by government for the behavior of the general public. If you are accused of a crime, criminal laws also identify your rights and administer the phases that transpire when these laws are applied, and acted upon by law enforcement and the judicial system.

After an arrest takes place and my services are rendered, I am generally with you, or the person I was hired to represent by you throughout the entire process. This includes the arraignment phase where pleas are usually entered; Grand jury actions, if they are relevant to the particular case; pretrial hearings, where a judge will decide if there is enough evidence to move forward and can possibly dismiss or reduce charges brought forward by the prosecution; jury selection, if the case does move forward, where my presence is essential there are two types of jury challenges: Peremptory challenges *which are juror strikes which can be exercised without any underlying reason whatsoever (except for impermissibly illegal reasons like race), or challenges for cause, which are strikes which have a reason demonstrating that a juror cannot be fair to your client. Both of these types of challenges should be exercised to the fullest extent possible so that a fair and impartial jury may be selected, and of course throughout the trial where I will argue my case and present Motions, verbally during the advancement of the court proceedings if not previously filed in writing before the case commenced.

I also meet with the prosecution during the Discovery and Evidence Presentation stages where I can object to items and witnesses being entered into the record and in many cases have these articles, statements and witnesses excluded from appearing at trial when it benefits my client.

In the event of a less than favorable outcome of a trial, I am by my client’s side throughout the sentencing process. In many cases the sentencing proceeding may be the most important part of a criminal case. By filing an appropriate motion for a downward variance a client's sentence may be substantially reduced by the judge. Other than death penalty matters the sentencing judge always has the final word on the client's sentencing exposure. Thus in some cases a judge can decide to sentence a defendant to time already served while they were incarcerated awaiting trial.

During the trial it is important to object properly so that an appropriate appellate record is preserved for a higher court. At the conclusion of a trial I review the transcript to see if reason for an appeal may apply which was overlooked or didn’t seem relevant as the trial progressed. Appeals are handled in appellate courts where errors in law and legal rulings can be corrected. In an event where the prosecution or a judge committed what is known a plain error, an appeal may be granted offering the opportunity for a new trial.

This criminal process can be complex and confusing. Often, criminal cases are won or lost on the basis of technical procedural requirements. When you are accused of committing a crime, the best action you can take is to contact an attorney with a thorough understanding of the laws and comprehensive experience with the whole criminal process, such as the lawyers at Michael B. Cohen, P.A..

The United States Constitution clearly explains that our legal system is intended to safeguard the rights of its citizens. This embraces the supposition that a defendant charged with a crime must be considered innocent until they are proven guilty beyond a reasonable doubt in a court of law.

There are other constitutional rights that apply throughout the criminal process, including:

Whether you have just been brought in for questioning or have been charged with or convicted of a crime, it is vitally important to contact an experienced criminal defense attorney for help as early in the process as possible.

Protect your rights at all stages of the criminal process which are listed in bold text in the paragraphs above. Or follow the links that appear at the bottom of this page. Click any of the links to visit pages on this Website that can shed further light on any questions you may have in additional detail. Or click here to go to the sitemap where additional topics can be viewed for further explanation.

But don’t delay. For a lawyer with deep experience in the state and federal criminal court systems call me now at 954.928.0059 or 561.366.8200 for an immediate response or make an appointment to meet at my office.

There’s never a charge for the initial consultation.