The Defendant’s Criminal Defense Attorney
The defendant’s criminal defense attorney can file a document with the court known as a “motion to suppress.” In this motion, the criminal defense lawyer will urge that it should not be allowed into evidence at the defendant’s trial because the evidence was illegally obtained. For example, if the defendant is charged with marijuana possession, and the judge determines that the police obtained the marijuana as the result of an unlawful search, this evidence would thereby be inadmissible against the defendant at trial. Without any evidence, the criminal charge would ultimately be dismissed.
Motions to suppress are but one example of a pretrial motion that an experienced criminal defense attorney can file on a defendant’s behalf. A well-crafted defense during the pretrial stage of a criminal case can, in some cases, result in a dismissal of the case or lay the groundwork for ultimately getting an acquittal at trial. If you have a pending criminal case in Dallas, Collin, Tarrant, Rockwall, Ellis, or Denton County, you need a criminal defense lawyer who is knowledgeable about pretrial matters in criminal cases. Look no further. The criminal defense attorneys at Berlof & Newton, P.C., can help. Call us now @ 214.827.2800 or use the contact form on this website.
All Criminal Defendants are Presumed Innocent Unless Proven Guilty
All criminal defendants are presumed innocent unless proven guilty in a court of law. In all criminal cases, the prosecution has the “burden of proof.” A defendant is not required to prove anything at trial. The prosecution’s “burden of proof” requires them to prove the case “beyond a reasonable doubt.” Put another way, if, after the prosecution presents its case, the jury has any doubt whatsoever as to the defendant’s guilt, the jury is required by law to acquit the defendant and find the defendant “not guilty” (i.e., so long as the doubt the jury has is “reasonable,” in their view).
If a criminal case is not dismissed before trial, one of two outcomes is likely: 1) plea bargain, OR 2) trial. A plea bargain usually occurs when the evidence that would be introduced at trial makes it highly likely that the defendant would be convicted. For example, in a D.W.I. case, if the defendant were videotaped after his arrest, and stated “I’m way too drunk to drive,” all the while staggering. Slurring his words, most criminal defense lawyers would typically recommend that their client consider accepting a plea bargain rather than going to trial and having a judge or jury decide the case.
Plea bargains are punishments that are agreed upon between the prosecutor. The criminal defense attorney and are granted in exchange for the defendant’s agreement that he or she pleads “guilty” or “no contest” to the charge, rather than going to trial on a case in which they will almost assuredly be convicted and might very well receive an even greater punishment. The terms of a given plea bargain agreement are negotiated between the prosecutor and criminal defense lawyer before trial and can vary greatly. On the other hand, a trial occurs when the defendant decides to plead “not guilty,” thereby requiring the prosecutor to prove the case against him, beyond a reasonable doubt, in a court of law.
Trials are of two types: 1) jury trials AND 2) trials before the court. In felony jury trials, the defendant’s case is tried in front of twelve jurors. For misdemeanor jury trials, the case is tried to six. In either instance, the jury must agree unanimously on a verdict. If the verdict is “not guilty,” the defendant is acquitted, pays no fine, is not placed on probation, and does not face jail. Furthermore, he or she is immediately eligible for an expunction which, once granted, orders that all records of the arrest or charge be immediately destroyed. If the verdict is “guilty,” the defendant is then sentenced, at his option, either by the judge or the jury.
Need a Dallas Criminal Defense Attorney?
If you have been charged with a crime in Dallas, Collin, Tarrant, Rockwall, Ellis, or Denton County, you need experienced Dallas criminal defense attorneys who are knowledgeable about felony jury trials, misdemeanor jury trials, plea bargains, and all other issues that arise in criminal cases. Look no further. The Dallas criminal defense attorneys at Berlof & Newton, P.C., can help. Call us now @ 214.827.2800 or use the contact form on this website.
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