Defenses and Appeals
When a person is facing serious criminal charges, he or she needs to have a strong defense. In most cases a criminal defense lawyer will help to create a solid defense or to help build an appeal case after a conviction.
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Common Defenses in Criminal CasesWhen a person is facing serious criminal charges, he or she needs to develop a strong defense. A criminal defense lawyer can advise a defendant of his or her rights so that the defendant does not do anything to self-incriminate. Additionally, a criminal defense lawyer can discuss the process of a criminal case, the prosecutor’s role and the potential defenses that may apply.
Read more- Criminal Appeal Based on Unfair Trial
In the United States, all criminal defendants have the right to receive a fair trial. There are numerous constitutional safeguards in place to help protect these rights.
Read more - Death Penalty Appeals Process
When the death penalty has been invoked for as punishment for a lost case, the appeals process may be the only saving grace to overturn or stay the conviction for the individual sentenced. Through proper legal representation and proof to assist in the appeal, the convicted person may follow through and remove the death penalty from its conclusion.
Read more - Defenses to Eyewitness Testimony in Criminal Cases
Hearing that there is an eyewitness to a crime can cause a great degree of apprehension in a criminal case. However, there are several ways that a criminal defense lawyer can challenge such eyewitness testimony.
Read more - Federal Criminal Appeals Process
If a defendant is convicted of a crime in a trial court, he or she has the right to appeal this decision to the appellate court. In order to make a successful appeal, it is necessary to be familiar with the process involved.
Read more - What Happens if I Am Not Read My Rights?
We have all seen police shows where, immediately upon arrest, a police officer begins telling the suspect “you have the right to remain silent...” The list of rights the officer is about to recite are known as Miranda Rights. So what happens if the officer does not read you your Miranda Rights at the time of arrest?
Read more - When Is It Okay to Shoot Someone?
The use of deadly force is an extremely sobering event. Despite dozens of expressions that joke about shooting somebody, choosing whether or not to actually use potentially lethal levels of violence against someone is no laughing matter. If you need to make this decision, it is important to understand when it is okay to take such action and when it is not.
Read more - When Is a Person Legally Insane?
The insanity defense is one of the most controversial defenses. Additionally, it has one of the lowest success rates among all criminal defenses. Knowing about the insanity defense and when this defense may apply has the potential to help a criminal defendant who may be able to assert this defense.
Read more - How Can I Get a Criminal Conviction Off My Record?
Criminal Convictions are often discovered by potential employers and landlords upon completing a background check. A conviction can follow a person around for his or her lifetime in some cases. Seeking to expunge or seal your criminal record may help this information to be removed from the public eye. However, it may not completely remove the conviction from a person’s criminal record.
Read more - What is an Alibi and How Does it Work?
You may have heard of someone using an alibi to avoid criminal liability, either in real life or on a television show or movie. But what is an alibi? How does it work? What are the legal consequences fo claiming an alibi?
Read more - When Temporary Insanity Please Are Made
Pleading temporary insanity in a courtroom is one possible defense that a criminal defendant may raise. It requires evidence showing that the prosecution is incorrect or unable to prove that the defending client was not insane in the moment. Through providing details or a lack of memories in the situation, it may be possible to prove temporary insanity was in effect.
Read more - What is the Affluenza Defense?
A recent new concept has entered the legal lexicon: “Affluenza.” It was first used in the case of a Texas youth accused of stealing beer, driving intoxicated, then killing four people with his car. So what is “Affluenza,” and how was it used in a legal setting?
Read more - How Does Parole Work?
Parole is a complex system in the penal system that allows convicted prisoners to start a new life with supervision. Historically, the term parole meant by voice or by your word, and that is exactly what it is today. A person on parole is still serving their sentence, but they are allowed to live on the outside, provided they follow specific rules. The rules for parole change from state to state, behavior of the inmate, and the severity of the charge.
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