Finding yourself being charged with a crime can be a harrowing and difficult experience for anyone. If you have been charged with any crime, it is critical to seek out the advice of an experienced Baldwin County criminal lawyer who will help ensure that your due process rights are complied with.
The State has the burden to prove that you are guilty of the crimes you have been charged with beyond a reasonable doubt. You are innocent until proven guilty in a court of law, and a skilled defense attorney is your best asset to prepare a strong defense for your case in court.
Types of Crimes
Code of Alabama lists a number of crimes of which someone can be found guilty. Some examples of acts that can give rise to a criminal case in Baldwin County include:
- Assault (First, Second, or Third Degree)
- Theft/robbery/armed robbery
- Gun charges
- Drug charges (distribution and possession)
- Criminal fraud
- Sex crimes
- Human Trafficking
Each crime requires the State to prove different elements. Some crimes can be committed by simply performing the unlawful act; other crimes require that the defendant have committed the unlawful act with the specific intent to do so. To defend against these elements it is extremely important that a Baldwin County criminal attorney is consulted immediately.
Common Defense Strategies
The government must have sufficient legal grounds to charge someone with a crime. Many crimes involve that the defendant had to have committed the act with the specific intent to do so, but intent is not always apparent and can be hard to demonstrate. Many crimes have particular elements that must be met.
Absence of a single element means that the defendant cannot be found guilty of that particular crime. In addition, a person may have another excuse or other justification (self-defense, for instance) for committing an otherwise unlawful act.
Procedural Defense Strategies
A defendant must be given proper procedural due process when being prosecuted for a crime. Procedural due process generally deals with the concepts of notice and hearing. A criminal defendant must properly be informed of the crime they are being charged with and must understand their rights at every critical stage of the proceeding.
Many times people refer to Miranda rights – these rights are an example of procedural due process rights. If charged and arrested for a crime, the arresting officer must inform a person of their Miranda rights, and failure to do so may give rise to grounds for acquittal. A Baldwin County criminal attorney will be able to analyze the circumstances of a defendant’s arrest and determine whether the defendant was deprived of their procedural due process rights. A knowledgeable criminal defense lawyer in Baldwin County will also ensure that the State complies with procedural due process rights at every stage in the proceeding.
Contacting a Baldwin County Criminal Attorney
Being convicted of a crime, whether it be a misdemeanor or a felony, can have a serious impact on one’s future ability to obtain or maintain work, their reputation, and overall quality of life. If you have been charged with a crime, it is imperative to seek out the advice of an experienced Baldwin County criminal attorney as soon as possible.
Contacting an attorney immediately after an arrest is critical because the defendant has the facts of the case fresh in their mind. Further, a lawyer will be able to determine whether you have any procedural or legal defenses to the charges that have been brought against you. Do not hesitate to contact a skilled lawyer today.