Monday 9 January 2012

Criminal Defense Chicago

December 14th, 2011 by Don Don

Criminal defense attorneys would have many different things they would do for someone accused of a felony. The first thing typically done for someone still in custody would be to request a bond reduction to try to get he person out of jail. During this preliminary hearing, the defense attorney would probably also file a Motion for Discovery. What this does is allows the defense to observe and have knowledge of any and all evidence against the defendant.

The next step in the process would be attempting to obtain a plea agreement or setting the case for trial.

A plea agreement could be simply amending the charges to a lesser included crime. Class X felonies carry a minimum 6 year prison sentence with probation not being a possibility. Lower class felonies carry lighter sentences.

If the case goes to trial, the defense attorney has several jobs. He makes certain the police had reasonable suspicion to stop an detain an individual. He checks probable cause on arrests. They check for violations of constitutional rights.

Defense attorneys also check to make certain that evidence is admissible due to the “exclusionary rule” and “fruit of the poisonous tree”. This would mean that if laws are not followed correctly, everything after that point would be inadmissible in court. If you are stopped in a vehicle, but the officer did not have reasonable suspicion to stop you, anything found inside the vehicle would not be admitted as evidence.

They also check chain of custody reports on physical evidence. Defense attorneys use “case law” which is interpretations of prior court cases to establish these facts.

Defense attorneys would question all witnesses and officers to check all those things. They would also check the officers training. The defense attorney also prepares a closing statement speech where they try to establish reasonable doubt that the defendant committed the crime he/she was accused of.

The final thing a defense attorney does in the case that a defendant is found guilty is check the sentencing. Various crimes have guidelines established by law as to the range of punishment allowed.


Tags: chicago criminal lawyers, criminal lawyer chicago, Robert J Callahan, south chicago lawyer

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