Facing any legal trouble is a harrowing experience. From getting accused of a crime to appearing in front of a judge, there is no simple way of facing any criminal charges. Based on the complexity of the crime, as well as the escalation of the charges, securing legal counsel is imperative to address your case accurately. Fortunately, United States law grants all accused of a crime the right to an attorney, ensuring that they are properly represented in a court of law. The Law Office of Kevin L. Barnett can help those in the Charlotte, NC area that have been accused of a crime and are in need of an experienced criminal defense attorney.
Criminal defense lawyers offer advice to a wide range of people who are facing criminal charges and provide the counsel needed to fight against a wide range of criminal allegations. Criminal defense attorneys support and defend any person accused of any crime, from misdemeanors to felonies, helping them plead their case in court. For the majority of lawyers, these matters might range from straightforward misdemeanor cases to more significant crimes like murder, demanding a thorough understanding of all state criminal law statutes. Criminal defense lawyers can analyze your case from all possible perspectives because they have the knowledge and expertise gained from working in the criminal justice system. They are aware of how criminal charges are developed, handled, and justified from both the state’s and the defense’s points of view.
The phrase “innocent until proven guilty” is imperative to any criminal proceeding. The purpose of a defense lawyer is to help defend the accused, regardless of whether or not they committed the crime. The purpose of going to court after receiving criminal charges is to accurately present the events that took place that led to the incident resulting in the aforementioned criminal charges. For example, in a murder case, the defendant charged with murder will be questioned by the prosecution, alongside any possible witnesses and those who can either support or disprove the defendant’s alibi. Media depictions of criminal court proceedings typically focus on apprehending a murderer or sentencing someone to prison. However, as often as the court apprehends those who are guilty, presenting all of the facts of a case in front of a judge and jury can sometimes lead to a non-guilty verdict. All in all, criminal defense lawyers defend those accused of crimes, and the process of going to court determines whether they are guilty or not.
Although legal representation is guaranteed to all facing criminal charges, the types of representation you may secure can come from various sources. The three main systems for finding legal representation include:
Depending on your ability to afford your legal fees, as well as the crime you are being charged with, the power and reliability of your legal representation may vary. The best way to ensure a positive outcome in your case is to find legal representation that can properly and adequately handle your situation.
Some of the most important parts of a defense attorney’s prep work can include the following:
After compiling this information, your defense attorney will examine the case’s facts and will then formulate a “theory of defense” that summarizes the client’s version of events and addresses any objections or concerns the prosecution is expected to raise during the trial. In some situations, when using a team of defense attorneys, even smaller details in the evidence that may be missed can be compiled in your theory of defense, creating an even stronger case.
In any criminal proceeding, there is always a prosecution and defense. The prosecution is represented by a prosecutor, for example, a district attorney, and the defense is represented by a defense attorney. A prosecutor is a lawyer who represents the public, legally referred to as “The People,” or an individual who files charges against another person, business, or entity at the municipal, state, or federal level. The prosecution’s objective is to accuse the defendant of a specific crime or list of crimes and then to offer proof that the defendant is guilty beyond a reasonable doubt.
On the other hand, a criminal defense attorney is a legal representative that fights criminal charges on behalf of a person or organization. A defense attorney may run a private practice or, if employed by the government, represent those without the means to hire an attorney as a public defender. A client facing fines is represented by a civil defense lawyer, whereas a client facing jail time is represented by a criminal defense lawyer. A defense attorney’s main objective is to protect their client against criminal accusations. Until a case is finished, the client is presumed innocent.
Since criminal defense deals with criminal law, attorneys who practice in this area are qualified to represent clients who have been charged with particular crimes. A defense lawyer can take on cases involving breaking the law and consequent criminal accusations, whether they are felonies or misdemeanors. The following are some of the most typical crimes that defense lawyers defend:
Depending on your charge, you may be facing felony or misdemeanor charges. North Carolina divides each crime into a specific class based on severity, and if considered a felony, these charges are then compared to a corresponding points system based on class level. During sentencing for these convictions, the points on a defendant’s record are totaled with the points from the sentencing in question to see at what level the crime must be punished, factoring in the disposition range that judges the crime in question on moral grounds to determine a lessened or harshened sentence, when applicable. For instance, if a person is currently facing a Class C felony indictment and their previous convictions place them at Level III in the aggravated category, their projected sentence is 8 to 10 years in prison.
Criminal proceedings can be exceedingly stressful for all parties involved, and facing them without legal representation will more than likely land you in prison. After your arrest, you should immediately contact a defense attorney, and you should take the time to discuss your case with them, regardless of how simple or challenging it may seem at first. To effectively present your case and defend you in court, our skilled Charlotte criminal defense lawyers can offer the advice and legal support you deserve.
At The Law Office of Kevin L. Barnett, we can take on your case and compile your defense, accurately presenting your story in front of the court. For more information on our legal services, including a full list of our practice areas, visit our website and contact us today.