Criminal cases usually gather a lot of interest in most countries. This is because of the nature of a criminal case. Usually, the crimes committed are serious and the accused is liable for severe punishment by the law in certain countries. In a criminal case, the State files a case against the perpetrator of the crime. The Public Prosecutor represents the State in a court trial. Criminal lawyers Fargo ND defends the client in court.
A criminal case in the US has 3 stages:
Stage 1: Investigation
The enforcement officials investigate the crime and identify the perpetrators of the crime. They collect the necessary evidence and witnesses to prove the crime against the accused.
Stage 2: Court Trial
The District Attorney has to prove the accused guilty of the crime in the court of law. He produces witnesses and evidence to support the charges against the accused. The accused hires a criminal defense attorney to represent him in court. If in case the accused is unable to hire an attorney for some reason, the State assigns criminal lawyers Fargo ND to represent the accused in the court. The criminal law firm Fargo ND argues his case to prove the defendant innocent.
Stage 3: Verdict
The jury hears both parties and decides whether the accused is guilty of the crime beyond a reasonable doubt. The Judge oversees the case and declares the verdict of guilty or not guilty. In case the accused is found guilty of the charges, the Judge states the action to be taken against the accused. This may be incarceration and probation to punish and correct the behavior of the defendant.
The criminal justice system is based on the premise that the accused is innocent unless proven guilty. The District Attorney has the “burden of proof”. In other words, the state has the responsibility to prove the accused guilty beyond a reasonable doubt. The criminal defense attorney tries to raise a doubt about the guilt of the accused in the minds of the jury through his argument.
The American system for criminal law believes in giving a fair chance to the accused to establish his innocence.
The accused in the criminal justice system in the US has several rights to safeguard him. The Fourth Amendment and Miranda advisement are the most important of these rights.
Some of the rights of the accused are:
- The accused has a right to remain silent.
- The investigation officers are supposed to remind the accused that anything he says may be used against him in the court of law.
- The accused has the right to an attorney whom he can hire independently or the state can appoint one for him.
- The investigation officials are forbidden to conduct unreasonable searches or seizures. According to this, no search can be carried out on the suspect or his home without a search warrant. However, this rule may have exceptions in specific types of cases as decided by the State.
There are certain restrictions in court trials as well to offer a fair trial to the accused:
- Right of the defendant to confront the accusers.
- Right of the defendant against incriminating himself in the case.
- Right to a criminal defense attorney.
- Right to a jury trial.
If the accused is found guilty, the defendant will be sent to jail and he will also be given corrective punishment such as probation or incarceration.
Probation is when the defendant is allowed to stay out of jail but is restricted by certain terms. Probation is of two types-supervised or unsupervised. In supervised probation, the guilty individual is required to check with an official to ensure that he is adhering to the terms of the probation. Unsupervised probation is when the guilty party faces a jail sentence or any other punishment if they break the law again.
In more serious cases incarceration may be the outcome of the case. According to incarceration, the guilty may be given a jail or prison sentence. a jail sentence is usually short-term and may last for one year at the most. However, a prison sentence is much longer. In case you need the services of an experienced criminal lawyers Fargo ND, consult the expert lawyers at Ward K Johnson Law Firm!