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The Criminal Litigation Law Practice encompasses the comprehensive representation of a person or corporation accused of a crime, guiding them through every phase of the formal court process. This practice is fundamentally adversarial, pitting the defense against the vast resources of the state’s prosecution arm. It begins with the crucial pre-trial stages, including the preliminary investigation, the arraignment where a plea is entered, and advocating for the client’s liberty in bail hearings. Litigators file strategic pre-trial motions to challenge evidence and manage the discovery process to analyze the prosecution’s case. During the trial itself, the lawyer’s role is to rigorously cross-examine witnesses, present defense evidence, and make persuasive legal arguments to the court. The practice extends beyond the verdict, covering sentencing advocacy to mitigate punishment and, if necessary, the entire appeals process to challenge a conviction in higher courts, ensuring the client’s rights are protected at every turn.
Criminal litigation is the formal, court-based process of adjudicating a criminal case. It begins when the government files official charges against an individual or entity and proceeds through a series of structured stages, including pre-trial hearings, a trial, and potentially a sentencing phase. It is the adversarial proceeding in which a prosecutor attempts to prove guilt beyond a reasonable doubt, and a defense attorney challenges the government’s evidence and arguments before a judge or jury.
The basic stages of a criminal case begin with an arrest and the filing of formal charges by a prosecutor. This is followed by an initial court appearance and an arraignment, where the defendant enters a plea of guilty or not guilty. The next phase is pre-trial, which involves a process called discovery, where both sides exchange evidence. During this time, legal motions are often filed. If no plea agreement is reached, the case proceeds to trial, where evidence is presented and a verdict is rendered.
If you are accused of a crime, you are protected by several fundamental rights. These typically include the right to remain silent to avoid self-incrimination, the right to have an attorney present during questioning and in court, and the right to be presumed innocent until the government proves your guilt beyond a reasonable doubt. You also have the right to a public and speedy trial, the right to confront witnesses against you, and the right to be free from unreasonable searches and seizures.
A plea bargain is a negotiated agreement between the prosecution and the defense in a criminal case that resolves the matter without a full trial. In a typical plea bargain, the defendant agrees to plead guilty to a specific charge, often in exchange for the prosecutor recommending a more lenient sentence or dismissing other, more serious charges. Any proposed agreement must be presented to and approved by the court to ensure it is made knowingly and voluntarily by the defendant.
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