Criminal proceedings in the legal system generally begin with the issuance of an order to conduct an investigation or with the confirmation of an indictment that was not preceded by an investigation. If criminal proceedings have been instituted against you in any of these ways, you will need counsel in the proceedings.
Under criminal procedural law, defense in criminal proceedings may be optional or mandatory. In the case of mandatory defense, you must have a defense attorney from the first hearing until the end of the procedure, while in the case of optional defense, it is not legally required, but it is desirable and gives you a decisive advantage in the procedure.
In this article, we will talk about if and when you need to hire a defense attorney and how that can benefit you. Keep reading to find out.
In Case You’re Found Guilty of Something
When a criminal act is committed, criminal procedures are started, and the individual against whom criminal proceedings are brought obtains the legal subjectivity of the accused.
In case you are a defendant, the authorized prosecutor will take you to court to determine:
- whether you have committed a criminal offense,
- whether you are accused wrongly,
- whether there are any circumstances for you to face a criminal sentence if you are found guilty
Even if you are unquestionably guilty, you have the right to a defense in criminal proceedings because it avoids a harsher procedure and a less fair conclusion than those granted by law. You can defend yourself or hire an attorney.
In criminal proceedings, you have the right to hire a defense attorney who will take all legal action necessary to oppose the accusation in whole or partially. Hiring a defense attorney in criminal proceedings is a result of the defendant’s position in the procedures; he is vulnerable to the judge’s accusation, which may be totally or partially unjustified. In criminal proceedings, the lawyer for the defense has an additional function related to the protection of the social community’s interests, so that innocent people are not unjustly arrested and real criminals are subjected to the legal penalty.
A defense attorney is an expert for the defense in criminal proceedings and is the only person that you can hire for your protection.
What are Defense Attorneys’ Rights?
The lawyer for defense in criminal proceedings, i.e., the defense counsel you can hire, has his rights provided by law, which are:
- to review the files and examine the items that serve as evidence against you
- to communicate in writing and verbally with you when you are detained (your defense lawyer has the right to visit you in custody and talk to you without the presence of other people)
- has the right to a private dialogue with you before you get interrogated,
- to show up for your hearing, no matter what crime you are accused of
- to attend your investigation, interrogation, examination of the expert, and search of your apartment.
What is a Defense Attorney’s Job?
During the course of your case, the defense attorney gathers evidence for your defense and suggests to the public prosecutor and the court that the evidence be presented. Because the essence of the Code is that you are deemed innocent unless your guilt is proven by a definitive court ruling, engaging defense counsel is permissible in demonstrating innocence.
You can choose a defense attorney and authorize yourself, or he could be chosen by your legal representative, spouse, relative, adoptive parent, adoptee, brother, sister, breadwinner, and a person with whom you live extramarital or any other permanent community of life.
Teamwork Makes the Dream Work
You and your defense attorney in the investigation have the right to independently collect evidence and materials in favor of the defense and to talk to a person who can provide you with information useful for your defense, as well as to obtain the necessary statements and information from that person.
This is valid only under the condition that it is not about the injured party or persons who have already been questioned by the police or the public prosecutor.
The main reasons why you should hire a defense attorney are that they are good at their job and have a great knowledge of the rules of the justice system in your country. The legal system is complex and cannot be fully understood by even people who work in it all the time. That is why it is wisest to hire an experienced lawyer and ensure the best possible outcome. Good luck!