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Ward K Johnson Law

Ward K Johnson Law

Bismarck ND Why Criminal Lawyers are Important?

Criminal laws in the United States are a set of laws, rules, and regulations that govern certainly and prohibit certain actions. If anyone is found in violation of such criminal laws, they can be fined, imprisoned, or even award the death penalty in grave cases. Criminal law is different from Civil Law in many ways. For starters, in criminal law, citizens who have been harmed are represented by the State/ government against the injurer. In civil laws, the dispute is usually between two private parties. The Federal or State government is tasked with determining the guilty status of the accused, in front of the judge and jury. This trial procedure is the basis of the criminal justice system of America. Depending on the jurisdiction and the forum, either the federal or the State government is involved. Criminal lawyers Bismarck ND get involved when an accused person needs to be defended against the accusation. Apart from a criminal lawyer, other stakeholders in a criminal trial are the district attorney, who represents the States, or a United States Attorney, if the case is being fought at the Federal Level. If the criminal lawyer is hired by the State, they are referred to as a Public Defender. 

The criminal justice system has evolved over the ages. However, it has some cornerstones implemented to uphold the dignity of the person and in return, to protect the integrity of the justice system. these are

  1. An accused is presumed to be innocent until proven guilty 
  • To prove guilt, the prosecution must establish guilt in the minds of the judge and jury, beyond any reasonable doubt, to a point of moral certainty. 
  • Most criminal justice systems in the various states of America also convict a person only if there is a unanimous vote to do so by the jury. 

However, the prisons of America are overburdened, and it has been proven time and time again by various research studies that a majority of the criminal trials usually end in a verdict that convicts the accused. An overwhelming number of “guilty” verdicts is not indicative of a successful criminal system, but that which is cutting corners in maintaining a system of checks and balances to prevent an innocent person from being punished. This is why criminal lawyers are extremely important. 

The right to legal representation is a built-in fundamental right of every American. Even if someone cannot afford a lawyer, it is the State’s duty to provide the accused with a lawyer for free. Many legal aid services also focus on providing free or low-cost legal representation to people accused of criminal behavior in the court of law.  

The first order of business for any criminal law firm Bismarck ND is to ascertain whether their client was afforded all rights granted to them under the Bill of Rights.

These are 

  1. Right to be tried by a jury. 

2. The freedom from being searched or arrested without a reasonable cause or a legal warrant.

3. The Right to receive a free, fair, and a speedy trial. 

4. The Right to not incriminate themselves and to not be forced to testify against themselves by any means or force.

5. The right to not have to confess to the crimes they are being accused of.

6. And finally, the right to legal representation, either at the taxpayer’s cost or private expense. This right has to be granted as soon as an arrest is made. 

If any of these rights were violated, the criminal lawyers Bismarck ND will have cause to petition for bail or wrongful arrest and detention. Procedural violations also do not look good when the case goes to trial. Many cases can be dismissed based on procedural violations alone, without even going into the merits of the case. To be able to get a verdict like this, having an experienced criminal law firm Bismarck ND in your corner is extremely pertinent. It can also be said that criminal lawyers are an integral part of the criminal justice system as they are responsible for upholding all of these rights, granted to all the citizens of America, to protect themselves from wrongful incarceration.

At Ward K Johnson, a team of highly skilled and licensed team of criminal lawyers Bismarck ND can represent your needs in the State and Federal Courts.