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The Complete Beginner’s
Guide to Criminal Defense
It all starts with a criminal charge
and a person accused of a charge.
What happens next?
In order to be prosecuted in court, the criminal charges against
a person must be based on a reasonable cause to believe that
a person could have committed the crime they are accused of.
This is called “probable cause.”
However, in trial, the level at which prosecutors have to
prove that a person has committed a crime is higher.
Prosecutors have to prove
“beyond a reasonable doubt”
that a person has committed the crime.
The Founders of the United States believed in a just, fair society.
Unlike many countries around the world, the
Founding Fathers saw it necessary to protect people
from punishment or imprisonment
without proof.
That’s why the standard to establish legal guilt is so
high… beyond a reasonable doubt.
So when a person’s
charged with a crime,
what happens next?
The accused person will have to appear in court for their
first court appearance, called an
“arraignment” in misdemeanor cases
and a “first appearance” in gross
misdemeanor and felony cases.
At the arraignment/first appearance
After the charges and rights are explained to the defendant, bail and
conditions of release will be determined, and another court
appearance will be scheduled.
At an arraignment the defendant must enter a plea, usually “not guilty.”
At a first appearance there is no plea required. That will happen later in
the case, usually the omnibus hearing or pre-trial.
A preliminary or
omnibus
hearing occurs
before trial.
Evidence is presented to
determine whether there
is “probable cause” to
believe the defendant
committed the crime, and
evidentiary challenges are
heard.
The defendant (the accused person) has three options.
1. SELF-REPRESENTATION. Continue with the trial and
represent yourself.
2. PUBLIC DEFENSE LAWYER. Fill out paperwork for a
public defender.
3. PRIVATE DEFENSE LAWYER. Hire a criminal defense
attorney and mount a defense.
1. SELF-REPRESENTATION
It is my professional opinion that one should avoid self-
representation at all times, especially the most serious of
charges.
Often times, people make the mistake of thinking they can
handle a case themselves and pay a lot more for their mistakes
than if they had hired a lawyer.
You should at least consult with a lawyer before deciding to
represent yourself. Most lawyers will give you a free
consultation.
2. PUBLIC DEFENSE LAWYER
For anyone who cannot afford a private attorney you should
apply for a public defender. Public defense is a legal right if you
qualify for a public defender.
However, public defenders can often only devote limited time to
each case because they have so many cases.
3. PRIVATE DEFENSE LAWYER
Private defense lawyers typically have smaller caseloads,
which usually means they have more time and resources to
devote their full attention to a case.
While there are excellent and poor lawyers in both the
public and private realms, clients will likely experience more
personal attention from a private lawyer.
What are a person’s rights?
In the U.S. legal system, if you’ve been
accused of a crime, you are entitled to:
Due process
The Fifth and 14th Amendments to the
constitution state that no one shall be
“deprived of life, liberty or property without
due process of law.”
Legal counsel
The Sixth Amendment to the Constitution
says
“In all criminal prosecutions, the accused
shall enjoy the right… to have the assistance
of counsel for his defense.”
The definition of criminal defense
Criminal defense involves building a defense in favor
of a person who has been accused of a crime – the “defendant.”
In criminal defense, a lawyer will advocate for their client, creating the
best possible defense in their favor in order to reach the best possible
outcome for the case.
What are the
goals of
criminal
defense?
Even in cases where guilt seems
very apparent, the full burden of
proof is still on the government.
Criminal defense
forces the prosecution
to prove the charges, negotiates in
favor of the defendant, and
leverages the playing field for the
defendant so that the outcome of
the case is less harsh.
How can
criminal
lawyers
defend
someone
they think
is guilty?
A defense attorney’s job is notto cover up or hide a person’s
perceived wrongdoing. Many attorneys do not even ask if their client
committed the crime.
Instead, a defense attorney’s job is to provide a strong defense that
forces the prosecution to provide prove guilt beyond a reasonable
doubt.
A person is “innocent until proven guilty,” and a criminal defense
lawyer mounts a defense that challenges the case against their
client.
Criminal defense focuses on the
prosecution’s case against a client.
Often, charges seem too strong, or the trial may not
provide substantial evidence to match the charges. A
criminal defense lawyer will fight for charges that match
the evidence, and for a just punishment, if any punishment
is warranted. Sometimes, they’ll fight for their clients’
innocence, and for an acquittal.
Typical defenses in criminal cases
They didn’t
do it
because…
Reasonable
doubt
Alibi
Innocence
They did it, but… Intoxication
Self-defense Entrapment
Mistake of law or
mistake of fact
Necessity
What criminal defense lawyers commonly
seek for their clients
• Reduced/waived bail
• Prevented conviction
• Dismissed charges
• Acquittal
• A just, fair punishment,
often less harsh than
what the prosecution
seeks
The defendant has options to resolve
their case:
Plead guilty to the charges or plea bargain to prevent the
case from going to trial, which may result in reduced charges or
lesser sentences.
Plead not guilty and have a trial by a jury or judge.
How can hiring a
criminal defense lawyer
help you?
A criminal defense lawyer
 Knows the local court, laws, and procedures – and how to build the most
effective case when dealing with a certain judge or prosecutor.
 Can advise a client on whether or not to plead guilty, based on the facts of
your case, and help determine a possible plea bargain.
 Is familiar with all types of defenses, and will find the most effective
defense for your case.
 Can coach a client on what to divulge in court.
 Will provide support and guidance through an often emotional, trying time.
 Advocates for a client to the best of their ability.
Ultimately, a criminal defense attorney wants to prevent unjust convictions
and/or punishments…
…and
preserve
their
client’s
rights.
Who hires criminal
defense attorneys?
Everyday
people
charged
with
crimes
Criminal defense lawyersdeal withall sortsof charges.
General
criminal
charges
DUI/DWI
Domestic
assault
Theft and
fraud
White
collar
crime
Sex
crimes
Traffic
violations
With their legal expertise, lawyers can
turn the tide
for a person who’s facing charges, resulting in a positive
outcome, protecting a career, and ensuring that they can
continue to live their life.
Thank you for reading
If you’re in the Minneapolis or Duluth area and need an
experienced criminal defense lawyer,
The Law Office of Carolyn Agin Schmidt offers free criminal
defense consultations for Minnesota clients dealing with a
wide variety of criminal charges.
To learn more, please visit http://www.caslaw.net/.

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The Complete Beginner's Guide to Criminal Defense

  • 1. The Complete Beginner’s Guide to Criminal Defense
  • 2. It all starts with a criminal charge
  • 3. and a person accused of a charge.
  • 5. In order to be prosecuted in court, the criminal charges against a person must be based on a reasonable cause to believe that a person could have committed the crime they are accused of. This is called “probable cause.”
  • 6. However, in trial, the level at which prosecutors have to prove that a person has committed a crime is higher. Prosecutors have to prove “beyond a reasonable doubt” that a person has committed the crime.
  • 7. The Founders of the United States believed in a just, fair society.
  • 8. Unlike many countries around the world, the Founding Fathers saw it necessary to protect people from punishment or imprisonment without proof. That’s why the standard to establish legal guilt is so high… beyond a reasonable doubt.
  • 9. So when a person’s charged with a crime, what happens next?
  • 10. The accused person will have to appear in court for their first court appearance, called an “arraignment” in misdemeanor cases and a “first appearance” in gross misdemeanor and felony cases.
  • 11. At the arraignment/first appearance After the charges and rights are explained to the defendant, bail and conditions of release will be determined, and another court appearance will be scheduled. At an arraignment the defendant must enter a plea, usually “not guilty.” At a first appearance there is no plea required. That will happen later in the case, usually the omnibus hearing or pre-trial.
  • 12. A preliminary or omnibus hearing occurs before trial. Evidence is presented to determine whether there is “probable cause” to believe the defendant committed the crime, and evidentiary challenges are heard.
  • 13. The defendant (the accused person) has three options.
  • 14. 1. SELF-REPRESENTATION. Continue with the trial and represent yourself. 2. PUBLIC DEFENSE LAWYER. Fill out paperwork for a public defender. 3. PRIVATE DEFENSE LAWYER. Hire a criminal defense attorney and mount a defense.
  • 15. 1. SELF-REPRESENTATION It is my professional opinion that one should avoid self- representation at all times, especially the most serious of charges. Often times, people make the mistake of thinking they can handle a case themselves and pay a lot more for their mistakes than if they had hired a lawyer. You should at least consult with a lawyer before deciding to represent yourself. Most lawyers will give you a free consultation.
  • 16. 2. PUBLIC DEFENSE LAWYER For anyone who cannot afford a private attorney you should apply for a public defender. Public defense is a legal right if you qualify for a public defender. However, public defenders can often only devote limited time to each case because they have so many cases.
  • 17. 3. PRIVATE DEFENSE LAWYER Private defense lawyers typically have smaller caseloads, which usually means they have more time and resources to devote their full attention to a case. While there are excellent and poor lawyers in both the public and private realms, clients will likely experience more personal attention from a private lawyer.
  • 18. What are a person’s rights?
  • 19. In the U.S. legal system, if you’ve been accused of a crime, you are entitled to: Due process The Fifth and 14th Amendments to the constitution state that no one shall be “deprived of life, liberty or property without due process of law.” Legal counsel The Sixth Amendment to the Constitution says “In all criminal prosecutions, the accused shall enjoy the right… to have the assistance of counsel for his defense.”
  • 20. The definition of criminal defense Criminal defense involves building a defense in favor of a person who has been accused of a crime – the “defendant.” In criminal defense, a lawyer will advocate for their client, creating the best possible defense in their favor in order to reach the best possible outcome for the case.
  • 21. What are the goals of criminal defense? Even in cases where guilt seems very apparent, the full burden of proof is still on the government. Criminal defense forces the prosecution to prove the charges, negotiates in favor of the defendant, and leverages the playing field for the defendant so that the outcome of the case is less harsh.
  • 23. A defense attorney’s job is notto cover up or hide a person’s perceived wrongdoing. Many attorneys do not even ask if their client committed the crime. Instead, a defense attorney’s job is to provide a strong defense that forces the prosecution to provide prove guilt beyond a reasonable doubt. A person is “innocent until proven guilty,” and a criminal defense lawyer mounts a defense that challenges the case against their client.
  • 24. Criminal defense focuses on the prosecution’s case against a client. Often, charges seem too strong, or the trial may not provide substantial evidence to match the charges. A criminal defense lawyer will fight for charges that match the evidence, and for a just punishment, if any punishment is warranted. Sometimes, they’ll fight for their clients’ innocence, and for an acquittal.
  • 25. Typical defenses in criminal cases
  • 27. They did it, but… Intoxication Self-defense Entrapment Mistake of law or mistake of fact Necessity
  • 28. What criminal defense lawyers commonly seek for their clients • Reduced/waived bail • Prevented conviction • Dismissed charges • Acquittal • A just, fair punishment, often less harsh than what the prosecution seeks
  • 29. The defendant has options to resolve their case: Plead guilty to the charges or plea bargain to prevent the case from going to trial, which may result in reduced charges or lesser sentences. Plead not guilty and have a trial by a jury or judge.
  • 30. How can hiring a criminal defense lawyer help you?
  • 31. A criminal defense lawyer  Knows the local court, laws, and procedures – and how to build the most effective case when dealing with a certain judge or prosecutor.  Can advise a client on whether or not to plead guilty, based on the facts of your case, and help determine a possible plea bargain.  Is familiar with all types of defenses, and will find the most effective defense for your case.  Can coach a client on what to divulge in court.  Will provide support and guidance through an often emotional, trying time.  Advocates for a client to the best of their ability.
  • 32. Ultimately, a criminal defense attorney wants to prevent unjust convictions and/or punishments…
  • 36. Criminal defense lawyersdeal withall sortsof charges. General criminal charges DUI/DWI Domestic assault Theft and fraud White collar crime Sex crimes Traffic violations
  • 37. With their legal expertise, lawyers can turn the tide for a person who’s facing charges, resulting in a positive outcome, protecting a career, and ensuring that they can continue to live their life.
  • 38. Thank you for reading If you’re in the Minneapolis or Duluth area and need an experienced criminal defense lawyer, The Law Office of Carolyn Agin Schmidt offers free criminal defense consultations for Minnesota clients dealing with a wide variety of criminal charges. To learn more, please visit http://www.caslaw.net/.