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A Quick Guide to Fight Against Criminal Charges and Win

04 September, 2018


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Facing criminal charges is already tough enough, but when you stand trial, things get a lot worse. However, if you know how to take care of yourself and represent your case, you will survive the ordeal. You need to understand how to behave in the court to win your claim.

 

Following, we are mentioning some common mistakes police officers make when apprehending a suspect. If you were arrested and you face criminal charges, you can bring any of these mistakes and use it for your defense.

Search Without a Warrant

This is the first mistake people make. When the police arrive at your home, work or even car, ask them for a valid reason or warrant. The constitution prohibits unreasonable search and seizure of a citizen or his property.

The police are not allowed to search your home without a search warrant. They can’t enter your home without showing you the warrant. This is why a lot of times the officer asks if you allow them to search your home to see if you have anything illegal in your possession. 

If the police do have a search warrant, read it first, and ask for a copy. You are entitled to it.

Voluntary Statement

Never give a voluntary statement. You have the right to remain silent, therefore don’t speak with the police or detective without a lawyer.  The law enforcement can say things like you don’t need a lawyer, or they will go easy on you if you hire one.

Moreover, they will say things like if you get a lawyer, you will need to tell them what you will say to the lawyer. These are some of the tricks the police use to get information out of you. Don’t talk to the law enforcement and if you are pushed, say you are practicing your right to an attorney.

Now remain silent until you get a legal counsel. Anything you say, can and will be used against you.

Be Polite

According to several Criminal Attorney, talking rudely to the police or detective is the most costly mistake you make. You have to be polite and courteous if asked a question. Be smart, don’t push the police to escalate the situation or use violence.

Being polite helps you deal with the cops in the long run, even if you are in a high-stress situation.

Resisting Arrest

Don’t resist arrest. If the police are going to arrest you, they will arrest you. They made this decision even before you had your hands behind your backs. If you resist, fight them or run away, you may end up hurting yourself and have additional charges against you.

Don’t Give Voluntary Samples of Your Body

Never give voluntary samples like body fluids, fingerprint, clothing or even your handwriting. You don’t have to give anything to the police, not unless they show you a court order.

This information includes how many stops you made while driving intoxicated. It would be best if you ask your attorney’s permission before submitting anything.

Polygraph Test

Never take a polygraph test. They are inadmissible in court because of reliability issues. Attorneys advise these tests to their clients on very few occasions.  They do that to submit the test when they have retained the polygraph because if the tests are negative, then you don’t need to provide them to the prosecutor. In case the test results are positive, they are still inadmissible in the court, and the police has to forward it to the prosecutor.

Never Hide Anything from Your Lawyer

The deadliest mistake of all, hiding information from your lawyer is sabotaging your defense. Keeping your lawyer in the dark keeps him from representing you with the best of his abilities.

Don’t Wait Too Long Hire Legal Representation

Have you heard the saying, “He who is his own lawyer has a fool for a client” Waiting for too long before hiring a lawyer who will handle your case is a sure way of going to jail! Criminal charges have severe consequences. You may lose your license, your job or even your freedom.

Don’t wait until the last second to hire a lawyer. Your case won’t disappear just because your lawyer has spoken with the prosecutor. Your lawyer only explained to him why they shouldn’t have charged you. This rarely works, but it’s the first line of defense.

If you hire a cheap lawyer or opt to defend yourself, you are in for a rude awakening. Criminal cases and charges have severe consequences. Therefore, its imperative you hire an experienced and qualified lawyer. 

 The prosecutor (almost always) never considers your side of the story.  So, don’t count on it. If you speak to the prosecutor, he will use your statement against you. When your lawyer speaks for you, the prosecutor can't use it as evidence. It’s because they are not coming straight from you.

Don’t Take Advice from Everyone

You don’t need advice from people outside of the law. Many jailhouse lawyers are saying, “I was charged with this before, and this is what I did.” Not every lawyer will try to get the most money they could out of you. This isn’t how the legal circle works. So, it is important that you remain silent and let your lawyer speak for you.

A Few Tips to Help You Survive the Trial

The answer is, Good Ethics! Try to make a good impression on the judge. Follow these tips, and you will make it through your trial successfully.

Meet Deadlines

When you file the documents to start your lawsuit, you will face several deadlines. Everything from request your case hearing by the jury to informing the opposition is about your evidence. You need to note every deadline and be sure to meet everyone. The judge will never give you any room and missing any deadline can risk you losing your case.

Watch Trials before coming up for the trial, go down the courthouse and sit through a few cases like your own.  You will see it not hard to present your story and evidence to the judge. But when you what to expect, you will feel a lot more relaxed.

Choose a Judge or Trial

Some cases can only be heard by a judge. In some cases, one of the party can request that the judge just listens to the case. This will help you improve how your case is represented. Yes, presenting your case to only a judge makes the trial a lot easy. If the prosecution demands a jury trial, there is nothing you can do.

Learn the Ropes

A lawyer invests years in learning how to question the witness, present evidence and argue in court. Just because you pay him, it doesn’t mean you shouldn’t polish yourself to appear in the court.  Respect the procedure and rules of court; this will help you prove your case.

Ask the court for a copy of the local rules. This will cover everything from deadlines to different trial procedures and restrictions including submission guidelines, etc.

Learn the Basics of Your Case

You better learn the basic elements of your case.  There is no way you will win by standing in the courthouse and asking for money from the opposition. Every legal claim has certain elements you have to prove to win.

For instance, if you are disputing for a contract, you better prove that the contract existed and you held your end of the deal while your opponent failed to meet their obligation and it harmed you in the end.  You have to plan your moves to prove each element of the case.

Assure the Evidence Is Admissible in Court

Once you learn the elements of your case, you need to determine what type of evidence you need to prove every fact. Not every type of evidence is presentable in court. There are some complicated rules of evidence to make sure a document, item or statement is admissible in the court. You don’t need to master every detail or rules. Just research to make sure you are presenting the evidence you need to win.

Prepare the Trial Notebook

During the trial, you give your testimony and present arguments about why you should win. But you have to keep track of the questions you answered and the points you made into your arguments. Relate them to the facts you have to prove to win. You have to put together a trial notebook.

This will help you remember everything important that went so far in your case. It will lay the roadmap of what you should next to prove your claim.

Respect the Court

You must be respectful in the court, primarily when you represent yourself. Address the judge as “Your Honor,” and be polite to the opponent. Show respect to everyone. Follow up the procedures carefully and gain the respect of the judge. This will make your courtroom experience pleasant.  So, work on it


 
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