Whatever crime you have committed the general belief by all in the legal fraternity of attorneys; you are innocent until proven guilty. You have certain rights, which must not be denied, anyone regardless how bad the crime may be.
Basic Rights of anyone charged with a crime:
Having an Attorney
Right to confront Witnesses
Be able to Testify for yourself
Right to a fast Trial
Right to be tried by a jury of your peers
Presumption of innocence until
Has the power to utilize the law of subpoena to garner witnesses
Right to remain silent, and not incriminate ones’ self
Your attorney is the one that ensures all your rights are properly preserved. Once you engage an attorney there are some procedures that must be followed.
If you are arrested and charged; obtaining your attorney is the first thing you do. If based on the case the prosecuting attorney decides to press charges; then you will be arraigned. Here, all the charges will be presented before a judge, and your attorney will have the opportunity to request bail. Bail is set based in order to ensure the accused or defendant is out of jail during the preparations leading up to the trial. The money that is set by the judge for bail is to ensure the defendant returns to court and not fun off. The judge will determine if he will grant bail based on the character evidence presented to him by both the attorney and the district attorney.
If bail is set the defendant is required to utilize any of the options available to him in order to acquire the posting of the money. He can use his option of Surety; this means the bail “Bonds Man,” will put up his own money for bail if the defendant flees, then it is the Bonds Man’s responsibility to pay up. The defendant, based on his attorney’s presentation of his character, the judge will grant him bail based on his own recognizance. The other option is for the defendant to put up property as bond for his release.
Any defendant must ensure their attorney is representing them professionally. The attorney must represent his client and utilize all his experiences in his arsenal in order to aid his client to get a fair trial. Whenever a defendant is hiring an attorney he needs to ensure they are able to work well together for the good of the case.
If they are unable to work well together, they the defendant must decide to consider hiring another attorney whom he is able to work with. These are some of the preliminary preparations that go into a criminal case.
There is more detailed information that goes into the legal framework of a case. The attorney will always inform you as to the progress for all areas of preparation.