Intro To A Criminal Case And The Judge’s Role

A criminal court case is essentially a legal scenario in which an individual(s) is being tried for his past indulgence in an activity that’s deemed file_1065869_best+tv+judges5illegal by the government or legislature. The accused’s action, in this case, is viewed as against both the affected individual and government. If convicted, the criminal case accused could be ordered to remit a fine, perform community service, go to jail, and/or finish other elements of the sentence, like taking a drug rehabilitation program.

Trial Process

The trial process begins with an offense, which is being reported by the victim to the law enforcement. The concerned officers amass details about the particular offense and forward it to the prosecutor, who works for the government. He ascertains whether the criminal case is worth pursuing. In a criminal case, the victim doesn’t decide where the case should be prosecuted. The prosecutor has to take that decision. The victim could be asked to provide information as a witness.

The Judge

The court judge invariably comes across several such criminal cases almost on a daily basis and therefore has to change hats or take up different avatars to come up with the right judgment.

A criminal judge manages cases, arranges schedules, and hears juries and motions. A criminal case could get transferred between courts for arraignment, motions prior to trial, etc. Although court staff and clerks could issue notices and keep calendars, a judge has the sole authority to make implicit decisions – at times, emotional, complex or notorious.

When a judge puts on that black robe, he personifies the legal system. In a criminal case, where a penalty can change or maybe even end the life of the defendant, a referee who is objective in discourse is imperative to make sure due process and civil rights are adhered to. The judge must settle issues between advocates, control contentious spectators, support scared witnesses, and maintain order between opposite lawyers. Appeals usually stem from refereeing mistakes committed during a trial by judges.

Jury – Fact Trier

Since a criminal trial is extremely dependent on the quality of proof, establishing facts pertaining to the law is paramount. The jury of a criminal case is considered the ultimate fact tried – it determines the guilt or innocence of the defendant. However, the judge solely arrives at the decision in the case of a bench trial. Irrespective of the trial type, the judge should rule on the evidence information’s applicability and validity, and also the credibility of the witnesses the experts introduced to the court.

Accuracy of Information

The jury and judge should work in tandem to ensure an unbiased and fair hearing and guilt determination in criminal case trials. A judge should oversee examinations conducted by lawyers and control dissimilar interests to enlist an unbiased jury. A judge should safeguard the jury from perusing extremely prejudicial data, propaganda or hearsay. In case such information is brought to the table, the judge should instruct the jury to overlook it. The jury receives instructions from the judge on how to perform its job. The judge supports the jury by clearly explaining what the various laws mean and the court procedure is. Knowledge of the laws is essential for the jury to arrive at an informed decision.

The proof standard required for a civil case is not as high. This is because civil cases typically entail a wrong committed by one individual against another person where there is no harm inflicted upon the society as such. A civil case’s outcome is also different from criminal cases. A fine is usually the penalty – imprisonment is extremely unlikely.

Criminal Case Sentencing

Determination of guilt ushers in a criminal case’s sentencing phase. The judge comes up with the penalties considering the arguments of the opposing attorney and recommendations put forward by the jury. In the case of a bench trial, the penalties are determined and announced by the judge. In the case of stipulation-settled cases, the judge should authorize any proposed disposition.

At times, an individual could be put through a trial for action in a criminal and also a civil case. A murder case is a good example. A murder is considered anti-social activity, which explains why it’s considered a criminal act. That said, the bloodshed also harms the victim’s family. This means the accused could be taken to court and sued for damages.

Conclusion

No individual is guilty until proven. This is why there are several safeguards in a criminal case designed to make sure the accused’s representation in the court is fair too.

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Should You Hire A DUI Lawyer? Things That You Should Know

DUI Pennsylvania Sign.Driving under the influence (DUI) is a serious offense that can attract jail time or fine if you are found guilty. The actual penalty will depend on the state law. However, the first time offenders can be punished by up to six months in jail but the jail time can be increased under special occasions such as if the offender alcohol content was very high at the time of arrest. Most states also require a minimum jail time of several days in case of a first time offender. In DUI cases where the driver is a repeat offender, it is not uncommon for the driver to be jailed for several years.

In addition to the jail sentence, a driver if found guilty can also be imposed a hefty fine that ranges from $500 to as high as $2000. The offender’s driving license can also be suspended for a substantial time. In most states, the first time offender’s license is suspended for 90 days while that of second time offender is suspended for up to one year while that of a third time offender can be suspended for up to three years. Refusal to take a breath, a blood, or urine test can also lead to license suspension irrespective of whether you are found guilty or innocent. In some states, the car can be confiscated either temporary or permanently to keep the repeat offender from driving. The judge can also issue other forms of punishment such as community service or to take part in teaching and prevention programs.

Top reasons why you need a DUI lawyer

Although some individuals choose to represent themselves especially when they want to plead guilty, hiring an experienced Los Angeles DUI lawyer comes with many benefits. An experienced lawyer fully understands how the court system works, has the ability to navigate the complex administration, and has a deep knowledge of plea bargain details, which is essential especially if you are a repeat offender. While it is not necessary to have a DUI lawyer for a first time offender who may choose to plead guilty, consulting an attorney before pleading guilty is considered a wise decision.

If your DUI case does not have any aggravating circumstances such as high blood alcohol content or the  presence of a minor in the vehicle, you can proceed without a DUI lawyer. However, if your case has one or more aggravating circumstances such as reckless driving, you should avoid pleading guilty without consulting a lawyer. An experienced lawyer will help you understand the fines and penalties that you will be subjected to if you make a guilty plea, and thus, make an informed decision. The attorney will also review your case to determine if the severity of your case can be reduced and thus, better plea bargain your case.

In addition to plea bargaining, the lawyer can also help you in sentence bargaining. In DUI cases where a guilty plea can result in a long period of incarceration, understanding sentence bargaining is essential. In some cases, you may not want to plead guilty unless you are completely sure of the sentence that you will get. An experienced lawyer will bargain on your behalf to make sure that you get the least penalty or fine possible. Furthermore, if it is not your first DUI case, you will most likely need the assistance of an experienced lawyer. Hiring a lawyer is also a good decision if you have a fighting chance. For example, if you were not in control of your car when the officer approached you or you can prove that you had not been drinking prior to the time you were stopped.

Conclusion

A DUI case can have an immediate impact on your life. It would not only affect your driving privileges but it can also affect your employment and even mean possible jail time. To increase your chances of winning the case, you should hire the best-qualified lawyer. You should ensure that the lawyer is highly educated and in good standing with the state bar. You should also ensure that the lawyer specializes in DUI cases. Once you find the best DUI lawyer, you should provide the Los Angeles DUI lawyer with all facts about your case. You should furnish the lawyer with all details about your case including all the related documents. You should not assume anything about your case as failure to disclose important facts about your case early enough can negatively affect your case. You should also ensure that the lawyer has good communication skills.

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