In the criminal justice system in the United States, a person is presumed innocent until proven guilty. The prosecution must prove this “beyond a reasonable doubt.” The prosecution must firmly convince the jury of the defendant’s guilt.
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For more help understanding the legal terms in your case, contact a Bellevue criminal attorney for help.
When you have been accused of a crime, you might want to review a plea bargain with our Lincoln criminal lawyer. The prosecution sometimes resolves cases through a plea agreement, which generally reduces your charges as you agree to enter a guilty plea, usually in exchange for a reduced offense, a lesser sentence, or even the dismissal of some charges. However, a plea agreement is not always in your best interests, so you might want to consult with an attorney before you sign any documents.
The Initial Appearance and Plea Bargains
A plea bargain is generally not offered at the additional appearance for several reasons. First, the judge who oversees the case does not always have the authority to accept a plea deal. In addition, additional facts are still outstanding in the case and have not yet surfaced. In addition, your lawyer has not had time to investigate the basis for the charges, review any witness statements, or even thoroughly read the police report.
The Arraignment and a Plea Agreement
Generally, the prosecution will submit a plea agreement at the arraignment. The prosecution often wants to resolve cases out of court without processing the offense through the criminal justice system. In other cases, you might not be able to pay bail, so the plea agreement might be an option to secure your release. You might be faced with a dilemma if you enter a not-guilty plea but face additional time in custody until sentencing. On the other hand, a guilty plea could mean that you are granted probation and released right away. However, probation carries numerous strict terms, and many people find that they cannot comply with the requirements of community supervision. If you violate probation, you could face harsh sanctions, including time in custody.
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The legal professionals understand the complexities of the plea bargaining process and can provide you with further counsel about your options. For more information, contact us now
When police take a suspect into custody, by law they must administer the Miranda Warnings to the suspect, which state that the suspect can remain silent and does not have to answer any questions posed of them. Any information a suspect discloses can be used to incriminate them – regardless of the validity or accuracy of the statements.
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For more on your rights, contact our Omaha criminal lawyer for help.
Being arrested can be incredibly stressful, and an Omaha criminal attorney can help you avoid the prospect of paying thousands of dollars in bail. Judges and magistrates know that serious charges carry the risk that a defendant will flee from prosecution. Hence, the courts do not hesitate to impose very high bail requirements. A skilled Omaha criminal defense lawyer can put your mind at ease and, in many cases, reduce the amount of bail you have to pay.
There are numerous things that the judge will consider, and an Omaha criminal attorney can explain all of the possible scenarios based on the charges and the facts of your case. These factors include:
• The seriousness of the charges
• Your criminal record, if any
• Your financial assets and/or employment record
• Your flight risk
• The likelihood that you will commit additional crimes while your case is pending
Your attorney should be able to convince the judge that you are not a flight risk and that you will show up for future court dates. Additionally, your attorney will argue that the amount of bail levied is not proportional to the charges that you are facing. Judges use a very formulaic approach to deciding the amount of bail, and you need an Omaha criminal defense lawyer who is experienced in handling pre-trial hearings. If you have been arrested and are facing charges, the most important thing you can do is assert your right to remain silent and demand to speak with an Omaha criminal defense lawyer. The next step is to call an attorney with a track record of fighting serious charges and negotiating to have bail reduced.
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Lawyers having years of experience as a criminal defense attorney in Nebraska and Iowa. Contact today for a consultation.