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When Is It Necessary To Have A Criminal Defense Attorney?

When Is It Necessary To Have A Criminal Defense Attorney?

If you are arrested and accused of committing a crime you will need to be represented by criminal defense attorneys in El Monte, criminal defense attorneys represent clients in totally different situations than do attorneys that practice tort law. In a criminal case the accused is the defendant, the case is being brought on behalf of the government which is represented by the prosecutor. In a criminal case, even though there is a victim, the crime is seen as one against the state. The prosecutor acts in the best interest of the victim but as an agent of the state, the defense attorney acts for the accused party.

In the United States justice system anyone accused of committing a crime is guaranteed legal representation. In the event the accused cannot afford to hire independent counsel the state will appoint a public defender. Most people accused of a crime want to have a private attorney, not necessarily because a public defender is not a good lawyer, but because they are so loaded with cases they really cannot do justice to a specific case.

It is the job a criminal defense attorneys in El Monte to defend the client in court, casting doubt on the prosecution’s case. It must be understood that the defendant in a criminal action is presumed to be innocent unless proven otherwise. It is the defense attorney that strives to cast doubt on the prosecution’s evidence and convince a jury that his or her client is not guilty beyond a reasonable doubt. It is the prosecutors job to prove guilt, it is not the defense attorneys job to prove innocence; the law states unequivocally that the accused is innocent by default.

Although criminal defense attorneys in El Monte are obliged to defend the client vigorously, they must not break any laws in the process. The attorney cannot offer an individual as a witness for the defense if he knows the testimony that will be given is untrue. Often the defense attorney does not want to know if the client is innocent or guilty; it makes it easier for the defense to put up valid arguments when the real truth is unknown to him.

Although not knowing whether the client is innocent or guilty makes sense in certain situations, in the event the preponderance of guilt is so strong that it is overpowering, the attorney will want to know. In the case of absolute guilt the attorney will attempt to get the judge to hand down the lightest possible sentence.

A criminal conviction can result in long lasting damage to one’s personal and professional reputation. If you have been accused of a crime your first move is to hire criminal defense attorneys in El Monte. You are invited to contact the Law Offices of Norman J. Homen.

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