ouston Criminal Attorney
Certain constitutional protections apply to an individual arrested for a criminal offense. Additionally, there are certain procedures that are generally identical from jurisdiction to jurisdiction. Here is a concise explanation of what occurs when an individual has been arrested for a criminal offense.Speak to the Most Respected Houston Criminal Attorney as soon as possible in the event you or a loved one has been arrested or charged with a criminal offense. Getting legal assistance is extremely important to make certain that a defendant's legal rights are safeguarded.A person could very well be charged with a criminal offense before they are arrested. If this occurs, a judge is going to issue a warrant for the individual's arrest. A law enforcement officer will try to find the individual who is the subject of the warrant. If the individual is found by law enforcement and arrested, law enforcement must give the individual a copy of the warrant that declares the charge for which they are being arrested. The authorities do not necessarily have to possess a copy of the warrant with them at the time of the arrest, however they ought to provide a copy to the arrested individual within a reasonable amount of time afterward.After an individual is arrested, they will be "booked" at the police department. This involves taking fingerprints and completing other procedural requirements. The individual will then be held in police custody pending a court hearing. This hearing will in most cases take place within 48 hours.When an individual is taken into police custody, they have the right to contact a lawyer. The individual will probably be permitted to speak to a criminal defense lawyer. The individual should have at least a brief opportunity to meet with their criminal defense lawyer prior to their preliminary court hearing.At the court hearing, the judge will read the criminal charges against the individual, who is designated the defendant. If the individual was arrested without an arrest warrant, this may possibly be the first time they are told the criminal charges against them. The judge will attempt to ensure that the defendant comprehends the criminal charges. The judge will then ask the defendant to enter a plea. A defendant can enter a plea of "not guilty", of "no contest", or of "guilty".Even if the defendant is guilty, they are able to enter a plea of not guilty, should they think there is not really enough evidence to establish their guilt. In any case, a plea of not guilty may result in a trial where the federal government will be required to establish, beyond a reasonable doubt, that the defendant is guilty of the criminal offense that they are charged with.A jury will need to decide, dependent on the evidence offered by both sides, whether or not the defendant is to be found guilty or not guilty. In many cases, a defendant could very well waive their priviledge to a jury trial, and the judge will be the one to determine if they are guilty or not guilty dependent on the evidence which is offered. The defendant should talk with their criminal defense lawyer about whether or not they should waive their priviledge to a jury trial.If the result of the trial is that the defendant is found not guilty of the offenses charged, they can be released from custody. If the result of the trial is that the defendant is found guilty or if there isn't a trial due to the fact that the defendant entered a plea of no contest or of guilty, then there will likely be a sentencing hearing.There may very well be evaluations of the defendant that are performed prior to the sentencing hearing. By way of example, if the criminal offense is DWI, the defendant may very well be evaluated to ascertain when they have a substance misuse issue. The court will also produce a pre-sentencing report, that is basically an investigation into any type of previous criminal history of the defendant. This advice helps the judge determine an appropriate sentence.At the sentencing hearing, there could possibly be a chance for individuals to speak with the court about what factors they feel the court should take into account in determining a sentence. These individuals can include the victim of the criminal offense, the victim's family, the defendant, the defendant's family, and any other interested party.The judge will give consideration to all of the evidence introduced and take into account any sentencing requirements. The judge will then enter a sentence for the defendant. If the criminal offense was fairly minor, and the defendant has been in custody throughout the entire court process, some may have already served the jail time that may be imposed by the judge. If the criminal offense is more severe, the defendant may perhaps encounter substantially more prison time. A criminal sentence could possibly involve more than serving time in jail as well. The defendant could possibly be ordered to pay fines, to provide restitution to the victim, to undergo treatment for substance abuse or mental problems, to perform community service, or many other things.Any individual who is arrested for a criminal offense should hire an experienced criminal defense attorney with practical experience in criminal defense to represent them. This can be the recommended way to make certain that their legal rights are safeguarded, and that they obtain the optimum possible outcome. Find more details at ouston Criminal Attorney