A individual charged with a crime has fundamental privileges, and is covered by the constitution’s relevant provisions. It is also important to remember that there are legal procedures to be followed when charging a person for a criminal offense, and that the general principle is essentially from state to state. If you’re looking for more tips, Grafe & Batchelor, P.C.-Criminal Defense Lawyer has it for you. A Cincinnati criminal defense attorney is concerned solely with the full understanding of the legal choices and the preservation of the civil rights. It is important that you realize that it is time to use the help of a Cincinnati criminal defense specialist that dealing with a problem as difficult as a court trial.
Even before an indictment is carried out one can face a court prosecution. In a specific case, an arrest warrant given by a court or tribunal authorizes the detention of a individual being charged with a criminal offence. The police must execute the arrest warrant by identifying the individual involved with the crime.
The protocol for enforcing the arrest warrant ensures that a copy of the arrest notice be issued to the individual being detained. It ‘s crucial to note that in order to enforce the subpoena, the police are not allowed to provide a copy of the arrest warrant. We are therefore expected to supply him with a copy of the warrant requesting his detention within a fair amount of time so long as they are not penalized requesting unlawfully arresting him. The individual being the target of the arrest warrant will receive counsel from a criminal defense lawyer at this juncture.
When the individual is detained, he goes through the booking process. This involves the documentation process where police authorities do the fingerprinting and other procedural requirements. The arrested person is given the opportunity to speak with his lawyer while the booking process is being completed. While in police custody, the person is allowed to speak to a lawyer for criminal defence. The arrested person will remain in police custody until the court hearing is arranged and that court hearing must be conducted within 48 hours of the person being arrested. It is very important for the arrested person to have the opportunity to speak with his lawyer especially before the court hearing is completed.
The person charged with the criminal offence will be asked by the judge to file a plea after the specific charges filed against him in court have been brought. Either the plea can be guilty, no contest or not guilty. If the defendant chooses not to file a plea, the court shall enter a non-culpable plea in his name through the judge.
Despite the accused person ‘s circumstances, he might opt to submit a non-culpable plea, particularly if he feels that the facts against him will not be adequate to show his guilt beyond reasonable doubt. In which case , the court will proceed to hear the case to ascertain whether the person may be convicted or acquitted of the crime with which he is charged.