A person who is being charged with a crime has inherent rights and is protected by applicable provisions of the constitution. It is also important to remember that there are legal procedures that must be followed when charging a person for a criminal offense and the general principle is basically from state to state.
Your proper appreciation of the legal options and the protection of your constitutional rights are the primary concern of a Cincinnati criminal defense attorney. When facing a situation as serious as a criminal case, it is essential that you know when it is time to get the services of a Cincinnati criminal defense lawyer.
One can face a criminal case even before an arrest is implemented. Under this particular scenario, a magistrate or judge authorizes the arrest of a person being charged with a criminal offense with the issuance of an arrest warrant. Police authorities will implement the arrest warrant by locating the person being charged with the offense.
The procedure for the implementation of the arrest warrant requires that the person being arrested is furnished with a copy of the arrest order. It is important to understand that the authorities are not required to have a copy of the arrest warrant in order to implement the order. However, they are required to furnish him a copy of the order for his arrest within a reasonable period of time lest they be penalized for illegal arrest. At this juncture, the person who is subject of the arrest warrant should seek the advice of a Ruston criminal defense attorney.
Once the person is arrested, he undergoes the booking procedure. This involves the documentation process where the fingerprinting and other procedural requirements are done by police authorities. The arrested person is given the chance to talk to his attorney while the booking procedure is being done. While the person is in police custody, he is allowed to talk to a domestic violence lawyer. The arrested person will remain in the custody of the police until the court hearing is arranged and such court hearing must be done within 48 hours from the time the person is arrested. It is very important for the arrested person to have the opportunity of talking to his attorney especially before the court hearing is done.
The person being charged with the criminal offense will be asked by the judge to enter a plea after being presented with the specific charges filed against him in court. The plea can either be guilty, no contest or not guilty. If the defendant chooses not to enter any plea, the court, through the judge shall enter a not guilty plea in his behalf.
Notwithstanding the circumstances of the charged person, he may choose to enter a not guilty plea especially when he thinks that the evidence against him would not be sufficient enough to prove his guilt beyond reasonable doubt. In which case, the court will proceed to hear the case in order to establish whether the person can be convicted or acquitted of the crime that he is being charged with.