|
While there are certainly a few individuals who will spend most of their life in the criminal justice system, the average person who requires the services of a Minnesota criminal defense attorney will only require these services once in their entire life. As a result, many of these individuals will only have a very basic understanding of the role that these attorneys play within the legal system as a whole. For instance, most people know that their criminal defense attorney is there to represent their best interest however, very few people understand the process which is used for their attorney to accomplish that goal. This is why I wanted to take a few minutes to look at the role a Minnesota criminal defense attorney plays step by step so that you can know exactly what to expect if you ever find yourself in need of these services. Step 1: Arraignment The first step in any criminal case is for the defendant to be arraigned. The role of a Minnesota criminal defense attorney during this stage is to simply appear on behalf of their client so that the court can note them as the attorney of record, and to enter a plea of not guilty on their client's behalf. The purpose of this arraignment is to legally inform the defendant of the charges being brought against them, and to summarize the events which took place which ultimately resulted in these charges being brought. The issue of bail or bond may also be addressed at this time. In these cases, it is the role of the defense attorney to try to secure the lowest possible bond for their client to ensure their release from police custody. Step 2: Discovery The next step in any criminal case is what is known as discovery. During this stage a criminal defense attorney will be charged with the responsibility of gathering as much information as possible concerning your case. This will often require them to examine police or accident reports, interview witnesses, and seek out expert testimony. During this phase of your case your attorney may also wish to start plea negotiations with the prosecutor. The purpose of these negotiations is to determine whether or not the prosecutor will be willing to reduce the penalties associated with your case in return for a guilty plea. You should also know that although your lawyer can begin these negotiations without your consent, no plea agreement can be reached unless you ultimately agree to the deal. Step 3: Pre Trial Conference and Motions The next step your Minnesota criminal defense attorney will take is to file what is known as pre trial motions. These motions ask the court to address any issues which the defense has with the case that the prosecution is presenting. For instance, the defense may wish to dispute the validity of any police searches or evidence which was acquired illegally. All of these motions will be addressed by the court at a pre trial conference. This conference will also be the defendants last chance to take a plea deal before going to trial. Step 4: Trial A jury trial will be the last stage of your criminal case in which your attorney will represent you. This trial is your opportunity to prove your innocence to a jury of your peers. Consequently, your defense attorney will be charged with asserting your innocence by providing the jury with expert testimony, physical evidence, and an alternative theory of the crime with which you have been charged. It is important to understand that your defense attorney's job during this phase of the case is not to prove that you are in fact innocent, but simply that the prosecutor cannot prove your guilt beyond a reasonable doubt.
Related Articles -
minnesota, criminal, defense, attorney,
|
