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You don’t have to be a career criminal to face criminal charges. Many common occurrences could lead to criminal charges, such as meeting friends at a bar and being arrested and charged with driving under the influence afterward. According to the NAACP, the United States has more than 3 million people imprisoned. Many of them lacked effective and dedicated legal representation. Here are some of the more significant ways in which a criminal law service could help you when facing one or more criminal charges.
The most important way that legal services can help you when facing a criminal charge is to ensure your rights are upheld. Your attorney can help you stay out of jail when possible, so you can help with your legal defense. The attorney can ensure your rights are upheld from the moment of arrest through the criminal trial. If a prosecutor violates your rights in any way, your attorney might use that to dismiss one or more charges and obtain a more favorable outcome.
U.S. criminal law requires police to have probable cause to initiate an investigation and arrest. For example, a police officer can’t randomly pull you over and subject you to drug and alcohol testing. You would have to violate traffic laws in some way to initiate the contact, which then might lead to probable cause to test you for drugs or alcohol. The smell of marijuana, an open beer, and slurring your speech are examples of probable cause. When no probable cause exists, the criminal investigation and resulting charges might be dismissed.
A prosecutor must have evidence against you to file criminal charges and to convict you in court. How that evidence is gathered, handled, and analyzed refers to the chain of custody. If there are any problems with the chain of custody, an experienced defense attorney might get the court to declare the evidence is inadmissible. The police and prosecution must clearly and correctly handle the evidence in an acceptable manner that protects its integrity; otherwise, the defective chain of custody renders it useless in court.
If you or someone you know is accused of violating criminal law, Sodomsky & Nigrini is the team for you. We are experienced in criminal defense, and we're here to help. Contact us today to learn more about our services.
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