Arrested? These Are Your Options
OPTIONS IN CRIMINAL CASES
To determine what options you have in defending your case after you’ve been arrested, it is necessary to rely on the expertise of a professional like criminal lawyer, Julia Baginski. The civil attorney will establish a communication with the prosecutor in your case, examine evidence, and make determinations as to how to go forward.
Some things that could happen:
- Your case may require further investigation to obtain additional evidence. In this event, the criminal lawyer will work closely with a skilled private investigator with a law enforcement background to obtain the evidence or information we need.
- Depositions may need to be taken. This means that we would need to subpoena witnesses that have been listed in your case, and have them give a sworn testimony prior to hearing them testify in court.
- Motions may need to be filed. One of the most common motions is called a Motion to Suppress Evidence, and is filed when the civil attorney determines your case could be entitled to relief, due to a legal issue concerning a violation of your Constitutional rights. Motions, such as this are heard in court where you will be present to hear witnesses testify.
- Plea bargaining. The criminal lawyer may negotiate a sentence in your case without the need for a trial. You may decide to enter a plea because it is in your best interest or you feel it is the best resolution to your case.
- You may end up in trial. The right to a Jury Trial is one of the most important rights guaranteed to us as citizens under the Constitution. An arrest can be based on probable cause, also known as a low legal standard of proof. At a trial, there would have to be enough evidence presented for the jury to make a finding of guilt that would satisfy the beyond a reasonable doubt standard. Beyond a reasonable doubt is the highest legal standard of proof.
OPTIONS IN CIVIL CASES
To resolve your case in an effective and timely manner, it is important to have an experienced civil attorney to represent you such as Julia G. Baginski. Julia G. Baginski will:
- Determine whether your case requires negotiations
- Assist you in deciding whether or not to settle your lawsuit out of court or go to trial
- Discuss your trial options