■  Criminal Process Attorney

Criminal Process Attorney

Criminal offenses are heard, or considered in Superior Court, and are more serious than non-criminal charges heard in municipal courts where the offense occurred.  The criminal process can be complex and confusing. A criminal defense attorney will understand the law as it relates to the crime you've been charged with, and will be able to help you in making informed decisions as your case moves through the process.

What is a criminal process? It is the laws and rules governing the mechanisms under which crimes are investigated, prosecuted, adjudicated, and punished. It gives in detail the procedure that is to be followed beginning with the initial investigation of the crime and concluding with the acquittal or imposition of punishment pursuant to conviction.

Criminal process safeguards against indiscriminate application of criminal laws and ill treatment of suspected criminals. Criminal procedure tries to ensure that their appeals, are not violated. A few of the rights the U.S Constitution provides to criminal defendants are guarantees of due process and equal protection under the laws:

• The right to have legal counsel present.
• The right to confront witnesses.
• The right to a jury trial.
• The right to not testify against oneself.

When a crime is committed, the local police will be the first responders and the first step in getting the criminal justice process under way. The process begins by the police investigating the crime and finding probable cause to arrest a person for that crime. Once probable cause for arrest has been established, local law enforcement will take the person into custody where he will be incarcerated until a bond hearing is set before a judge. Criminal processing is also defined as the group of practices, policies and courts designed to uphold social responsibility, deterring and mitigating crimes and enforcing penalties against those who are found guilty of committing crimes.

Are you convicted with a crime? In order to be arrested, there must be what's called "probable cause." This means that there must be a reasonable belief that a crime was committed and you committed the crime. An arrest warrant is not necessary. After you're placed under arrest, you are protected by constitutional rights. Two important rights to be aware of are the right to remain silent and the right to have an attorney. After your arrest, you aren't required to say anything else to police or investigators, until you have an attorney present. You must be given the opportunity to contact an attorney. Don't lose hope. A criminal process attorney is the right person to talk about your legal issues.

An experienced attorney may be able to determine if there are constitutional issues related to search of the defendant's home, vehicle, or person, and a motion to suppress evidence may be appropriate. Protect your rights and contact our office to schedule a free consultation. Attorney William A. Kennedy can help you.