In most situations, criminal cases are handled differently than civil lawsuits, as the stakes are higher in the former. In federal criminal cases, it is the responsibility of the public prosecutors (U.S. attorneys) to represent the Government of the United States in court proceedings and present the arguments for criminal prosecutions to the grand jury or the ruling judge.
Subsequently, the evidence presented by both parties is reviewed by the grand jury, which decides whether or not the information provided is sufficient to ask the defendant to stand trial. Criminal trials require the government (or the prosecutor) to prove that the defendant is guilty. In legal parlance, this is known as burden of proof.
The prosecutor needs to present evidence that can prove the defendant's involvement in the crime “beyond a reasonable doubt.” This means that the evidence must entirely convince the jury/judge, without reasonable doubt, that the defendant committed the crime.
On the other hand, the attorney representing the defendant needs to introduce arguments that question the credibility of the evidence presented by the prosecutor. There are certain aspects that anyone facing criminal charges needs to manage.
Here are a few tips to help those facing criminal charges:
1. Hire a Criminal Defense Lawyer at the Earliest
Being charged with crime is a serious matter, as it can have irreversible repercussions to your personal and professional life. It entails enduring severe penalties and consequences, including jail time, having a criminal record, and loss of future job prospects, among other things.
Some legal matters can be handled without consulting legal counsel. But, it is better not to risk your chances when you are already in trouble. Hiring an experienced defense attorney can be the best way to deal with this situation. A dedicated lawyer can prepare you for the trial and depositions, and help you tackle even the toughest of trial questions.
Defense attorneys can anticipate the arguments that the prosecution will likely use. With such information at your disposal, it will become easier to defend your case. The legal advice of a qualified criminal defense attorney with knowledge of various types of criminal cases can help you protect your rights and secure the best possible outcome for your case.
2. Document All Possible Details of the Incident
None of us have a perfect memory, which is why you should jot down all possible details of the incident and store it in a secure place even before the plaintiff reports the case to the police. Delaying this by even a day can cost you more than you think, as you are likely to forget the minute details because of stress, trauma, and panic. Don't share it with anyone but your defense attorney, as first-hand information can help him/her build a convincing strategy for your case.
Not all the details will be admissible in court, but even a single piece of evidence that proves your innocence can turn the tables in your favor.
3. Be Honest When Interrogated by the Officer
It is quite common for people, especially those who are accused of a crime, to lie to police officers during an interrogation. The fear of being put behind bars causes people to misinform the police.
As a defendant, it is important that you try to be as honest as possible with the officer. Make sure you do so after consulting your lawyer. This is important because, if the officer suspects your word, he/she may charge you with ‘providing false information to an officer,'‘mislead the police,' or ‘resist, delay, or obstruction of an officer.' If the prosecution is able to prove this claim in court, then the jury/judge can conclude that you lied to cover your guilt.
In other scenarios, your lie may direct the court to determine that all information coming from you or your attorney is unreliable. You need to work with your lawyer to decide a unified formal statement to the police.
4. Be Extremely Careful with Preliminary Hearing
Preliminary hearing for a criminal case is not a mere formality and can play a key role in determining the ruling passed by the grand jury/judge. A preliminary hearing can be considered as a pretrial, and a hearing where the jury doesn't make the final call of whether or not the defendant is guilty. In fact, this hearing helps them decide if there is enough evidence to compel the defendant to stand trial. Judges use ‘probable cause' to decide if the government (represented by the prosecutor) has produced enough evidence to convince a reasonable jury that the defendant committed the crime(s).
In many states, like in Pennsylvania, the defendants have the option to waive the preliminary hearing. However, it is advisable to consult your lawyer before doing so.
5. Plan Your Finances before Trial
Being accused of committing a criminal offense can mean that you receive jail time. Don't wait for the court's ruling to plan for the future. Seek help from your attorney or even a financial expert to manage your finances, including your mortgages and investments. This will help you prepare yourself and your family for the worst. Also, you can use their expertise to mitigate the risk of losing all your money in your absence and ending up filing for bankruptcy once you step out of jail.
6. Steer Clear of More Crimes
Nothing can make an ongoing criminal lawsuit process worse than being accused of another criminal charge. This can cause serious damage to your existing lawsuit, and it may become impossible for your attorney to prove your innocence in court. Try to be as diligent as possible with all civil laws, rules, and regulations to reduce the risk of being convicted.
Managing yourself in the midst of a criminal lawsuit is more difficult than it sounds. It is advised not to take such a situation lightly and let your lawyer handle it for you. A good criminal defense lawyer can present a convincing defense strategy that will improve the chances of your winning the case or at least obtaining a more favorable plea bargain.
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