Whether it is yourself, a loved one or close friend looking for guidance after being charged with a criminal offense, there are often lots of questions. For many, it is their first time being charged with anything of the sort and they are unfamiliar with the process and other aspects. For others, they may be wondering how any previous convictions could affect their current criminal charge. It is important to know that everyone has the right to present a criminal defense for the crime they are accused of committing.
Trying to understand just why or how you or a loved one has found yourselves in the middle of a criminal predicament isn't always an easy task. There are those who are innocent, guilty and shades of both. Remember that there is a time and a place when a person should consider telling their side of the story. It may not be in a person's best interest to communicate with authorities or with anyone, for that matter, until it is in their best interest to do so.
You have the right to remain silent, and anything you say can and will be used against you in a court of law. Have you ever heard this phrase? Other than being popular on television dramas, it is part of the Miranda rights that should be spoken to every person who comes under arrest. Despite this, sometimes we do not remain silent. What if a confession or other recorded comment is being used against you or a loved one in which a person has been charged with a drug crime?
Sometimes life throws you a curveball. When it does, you have two options, stand and fight or cower and flee. Which option you choose is up to you, but there is a right way and a wrong way to approach certain legal situations. When accused of a crime in Sacramento related to assault charges, there is a way to build a solid criminal defense.
Being accused of a crime can be a confusing and frightening situation. After all, one's very future and freedom may be on the line. While it is important to have a criminal defense attorney by your side in such situations, it can also help to have a basic understanding of how the criminal trial process works in California.
Sometimes, when another person threatens your safety or causes you harm, you may have to act to defend yourself, even if this means hurting the aggressor. That being said, a person in Sacramento who does this may be charged with a violent crime, such as assault or battery. However, they may be able to have the charges against them dropped if it can be shown that they acted in self-defense.
One of the pillars of our nation's criminal justice system is that all people must be presumed innocent until proven guilty. Unfortunately, when people accused of crimes are unable to afford bail, they may be kept in county jail a long time before they ever see a resolution to the charges they face.
In general, most states, including California, establish three categories of crimes: infractions, misdemeanors and felonies. It is important to know the differences between these categories, as the way a person's case will be treated in their state's court system depends on which category the alleged crime falls under.
The criminal justice system can be intimidating for individuals who have been accused of a committing a crime. It is important, however, to keep in mind that the criminal justice system provides important protections for accused individuals. One protection is the right to a criminal defense. Preparing an effective criminal defense strategy can include a number of considerations such as if any of the procedures authorities were required to follow for the protection of the accused individual were violated, among other important considerations.
When a person was in an altercation here in California with another, they don’t have to have been accused of having made violent physical contact with the other person to potentially face charges. This is because, under California law, an attempt to inflict physical violence can be a criminal offense, even if no such violence was ultimately inflicted.