Criminal law defines actions which are prohibited by the government because these actions threaten the physical and emotional welfare of the general public. Penalties for committing a criminal offense range from imprisonment to death. When an individual is accused of committing a crime, a criminal lawyer will be hired by both the accused (the defense) and the accuser (the prosecutor) in order to obtain a punishment that fits the crime.
A Criminal Lawyer's Tasks
During the initial investigation, the lawyer works with the police to examine evidence found at the crime scene and collaborate witnesses testimonies of what they saw happen. He'll also investigate the motives behind both the accused and the accuser's actions.
Based on the collection of evidence the lawyer determines whether to pursue the criminal case. If more evidence is needed, the investigation will continue. But if sufficient evidence is available, a court date will be set.
During the trial, the criminal lawyer will strive to prove the defendant guilt or innocence through presenting the evidence found at the crime scene and by questioning individuals who were witnesses of the crime. He should try and obtain the most beneficial punishment for the accused. Even if the evidence unequivocally points toward a guilty verdict, a sentence in prison may not be the best option. Depending on the crime, there are many rehabilitation options that ought to be considered if the accused will not be a danger to society.
The Criminal Defense Lawyer
The criminal lawyer representing the defendant is the criminal defense lawyer. He represents the defendant during the trial, working toward either a "not guilty" verdict, or a lenient sentence.
It's important to understand that the role of a defense attorney is not to simply push a "not guilty" verdict to the jury. If the accused is guilty or will most likely be found guilty, the defense lawyer will work to get the most lenient and beneficial resolution possible.
A criminal defense lawyer has a couple options to ensure a minimized sentence for his client before the trial even begins.
The first is a plea bargain. Depending on the severity of his client's crime, the likelihood of a guilty verdict from the jury, the available evidence, and the penalty's severity, a lawyer may be able to resolve the situation without going to court. The defendant would have to be willing to plead guilty and then his lawyer would work with the prosecutor to enforce a fee, reduced prison sentence or community service requirements.
Pre-trial motions allow the defense lawyer to try and get certain evidence discounted before and during the trial. His ultimate goal is to completely dismiss the case.
Once the jury convicts the defendant, his criminal lawyer can evaluate the possible success of an appeal, especially if new evidence has surfaced or a new witness is found. Sometimes evidence used during the trial can be proved false or the sentence may prove to be too strict.
The Prosecution's Lawyer
The prosecutor is the one bringing the accusation against the defendant. Whether it's another individual or the government, the prosecution's lawyer will represent the accuser, working toward a "guilty" verdict and maximum punishment for the defendant.
Hiring a Sacramento criminal lawyer can help you navigate the legal system, whether you're guilty or innocent of your charges. Get the backup you need with http://www.sacramentodefense.com/