Darwin Criminal Lawyers

November 16, 2019

Criminal defence lawyers better understand your situations, whether you have been arrested for committing a felony or you have been arrested for a misdemeanour, that it is an almost terrifying experience. If you are being accused of a crime you didn’t commit has far-reaching and life-changing effects on your life. It will certainly affect your life, your family, your schooling and employment opportunities. But it is important to know that you always do have rights. Until charges against you have been proven beyond reasonable doubts, you are presumed innocent. Just because you have been accused and arrested for criminal offences does not necessarily mean that the state can prove charges against you beyond and the exclusion of reasonable doubts. Let the criminal lawyers fight your way to freedom rights.

How criminal process work

Of course, payment is involved. Aside from payment, many people do not understand how the whole process works. Almost all the people who find themselves in such circumstances confess that it is their first time and have no idea of how the whole process works. Majority claim that they have not been charged before in a court of law and don’t even know what to expect. Today, I will demystify for you to know how the whole thing works.

How defendant is supposed to act while in jail

The defendant should not discuss to anybody about the facts of his case while in jail, not even on the telephone unless it is a private phone call with the personal attorney. While with his attorney, the defendant has client-attorney privileges to discuss the facts of the case. The reason why he should not disclose the facts of his case is that anything he could say to anyone could be used against him during the trial. It will not be treated as hearsay but admission by a party opponent, and it will be admissible against the defendant at the case hearing.

Depending on the severity of the case, sometimes detectives might be sent to jail to interrogate the defendant, again he should refrain from speaking to any detective about his case, as I said earlier, everything he says will be used against him during the court trial. He should politely put off the detective by saying ‘I would love to cooperate, but my attorney advised me not to talk to a detective whatsoever’.

The defendant should not talk about his case over the telephone to the outside world while in jail simply because every telephone conversation will be recorded and everything he says will be retrieved during the trial, and any incriminating evidence will be used against him during the trial. The defendant should refrain from uttering statements such as ‘I screwed up’ or ‘I am sorry’ ‘it won’t happen again’, etc. In case the defendant will decide to fight his case later, such admissive statements are treated as remorseful, which means the defendant admitted to having committed the offences. They should also not discuss the facts of the case with the visitors, although they are free to discuss matters like bond and hiring of an attorney to help in the case.

The bond

When the defendant is arrested the following morning, he will be the magistrate; this means he will be taken to see the judge who will offer him a bond. The bond will greatly depend on the gravity of the charges placed against him, and some judges may be lenient while others may be strict, so the temperament of the judge will affect the amount of bond required.  

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