Criminal Procedure

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Los Angeles Criminal Process

Criminal procedure ranges from investigation and arrest to appeals and post-conviction relief. It varies depending on whether the crime is serious or minor. The accused is presumed innocent until proven otherwise and must go through a process regulated by laws and constitutional rights.

Key Stages:
  • Investigation and Arrest
  • Formal Accusation
  • Judgment
  • Judgment
  • Appeals

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Criminal Procedure in the USA

How can a lawyer help in a Criminal Procedure in the USA?

Legal advice:
1. Explain the rights of the accused and the legal process.
2. Provide guidance on the best defense strategies.

Protection of Rights:
Ensure that the constitutional rights of the accused are respected.
Avoid abuses and violations during the investigation and trial.

Investigation and Evidence Collection:
Conduct an independent investigation.
Collect and present evidence in favor of the accused.

Agreement Negotiation:
Negotiate plea deals to reduce charges or sentences.
Evaluate the convenience of accepting a settlement or going to trial.

Representation in Trial:
Defend the accused before the judge and jury.
Question witnesses and counter the prosecution's evidence.

Appeals:
File appeals if there were errors in the trial.
Seek review of unfair or incorrect sentences.

Emotional Counseling:
Provide support and advice throughout the process.
Help the defendant understand and manage the stress of the procedure.

Criminal Procedure

Investigation:
1. The police collect evidence and testimonies.
2. An investigating judge may supervise the investigation.

Arrest and Charge:
The suspect is informed of his rights.
Formal filing of charges if there is sufficient evidence.

Preliminary Hearing:
Evaluation of the legality of detention and evidence.
Decision on the continuation of the case.

Judgment:
Presentation of evidence and testimony before a judge or jury.
Defense and prosecution present their arguments.

Judgment:
The judge or jury issues a verdict.
Sentence based on the seriousness of the crime and circumstances.

Appeal:
Right to appeal if it is considered that there were errors in the trial.
Review of the case by a higher court.

Investigation of the Criminal Case

The investigation stage begins when the police suspect the commission of a crime. The alert can come from several sources, such as:

1. The victim himself files a complaint.
2. Someone reports seeing criminal activity.
3. The police directly observe the criminal action (flagrant).

Procedure After Suspicion

After suspicion, the police investigate the case by:

1. Interviews with witnesses.

2. Search for evidence.

3. Review of photos and videos.

4. Investigation of files of those possibly involved.

5. Criminal record check, etc.

Before searching property, such as a home, vehicle, office, or cell phone, police must obtain a search warrant, consistent with the protections of the Fourth Amendment of the U.S. Constitution.

Protect your Rights

In the United States, anyone accused of a crime is presumed innocent until proven guilty. Before receiving any punishment, the suspect must go through a fair criminal process regulated by state and federal laws and constitutional rights. Call us at 📞 888-666-8820 to ensure a fair and effective defense!

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