Five Shocking Facts About Criminal Defense

Oct 19, 2017

Criminal cases entail several repercussions that everyone should be aware of. In any ill-fated instance where you are charged for a felony, following are some of the less known facts everyone should know.

Being Charged is not Equal to ‘Being a Criminal’

It is important to remember that being charged for a crime doesn’t give anyone the permission to treat the person with disrespect or take away their basic civil rights. Since our justice system is not free of loopholes and law enforcers have been reported to show inappropriate behavior towards charged individuals, it is important that you are fully aware of your rights.

In this situation, criminal defense attorneys come to the help of persecuted individuals. They make sure that their clients are not deprived of their basic rights and have the level playing environment to fight their case.

The Burden of Proof is not on the Defendant

Few people know that in criminal defense cases, the defendant is not required to present evidence on his/her own behalf. Presenting the proofs and evidence is the responsibility of the district attorney, which is usually the prosecutor in criminal cases. However, a good criminal defense lawyer contests with all viable evidence to counter the arguments presented by the prosecution.

Communication with Jurors is not Allowed

Most of the criminal cases are tried in jury courts and it might be shocking to know that no one can communicate with the jury until the verdict is out. Defense attorney, state prosecutors or anyone from the courtroom can discuss anything with the sworn jury. Jury can only deliberate about the case with each other. If anyone from the jury is found to be in contact with others outside the jury, then it can lead to a new trial with a new jury.

Criminal Cases can Lead to Mistrial

In some of the criminal cases, all members of jury can’t reach the same conclusion. Even after the second deliberation, if jury remains undecided then judges declare the case a mistrial. In the event of mistrial, importance of a good criminal defense lawyers increase multiple times because they can convince prosecutor to dismiss the charges. They can also help in sealing a good plea bargain and in case of retrial they will continue to contend with the same competence.

Conviction Rates Have Been Soaring Over the Past Few Years

As per the figures from the Department of Justice’s Bureau of Statistics, the conviction rates have risen in recent years. Now there are more chances that the arrest will lead to conviction. Due to this, the importance of criminal defense lawyers has significantly increased because they will use all their command and professionalism to protect the defendant’s right and will try their best that charges will not convert into conviction.

Apart from a proficient defense from an attorney, the chances of not getting convicted also depend on the type of crime committed and the evidence presented in support of the charges.

In any instance of criminal case, it would be an imprudent move to contest on your own. Getting the services of an experienced defense attorney is essential to get off the hook.