What is a Criminal Procedure? 6 Tips to Fully Understand It
Maybe not of our own free will, but there are possibilities and circumstances in life that will eventually lead us to find ourselves under criminal investigation. This is something we often see in movies and read in books, but in reality, it can be quite different. We don't have to learn the whole law, but we should still know some basics to help us find our way in those situations and know what to expect. We also tried our best to select six basic questions that will help you better understand what happened to you and how to manage in such a situation.
What is it?
Criminal procedure is a legal process to determine whether a suspect has committed a criminal offense or not. It lasts from the submission of the indictment to the pronouncement of the verdict, and in between, there is an investigation, collection of evidence, hearing of witnesses, and trial. It does not necessarily mean that you have committed a major crime; if you are under investigation, it can be done with many smaller measures, such as a simple search of the vehicle. For the authorized person to put you under investigation of any scale, he should have a basic form of suspicion or doubt about the existence of evidence, after which he starts the investigation. All this serves and encourages the maintenance of order and peace in society. This shows that society does not tolerate violations of the law and respects fairness.
What rights do you have?
Criminal proceedings are conducted in accordance with the laws, and you have your rights, which the authorities must respect. Your rights are guaranteed by the amendments, and we will briefly list the most important ones that you must keep in mind if you encounter a criminal procedure;
The Fourth Amendment: This law protects you from unfounded and unauthorized searches and arrests by the police and authorized officers. The search must not be carried out without the necessary documentation for which there are basic doubts.
The Fifth Amendment: In short, it guarantees you the right to a jury, a fair and just trial, protection against double jeopardy, safeguards your property, and protection against self-incrimination.
A lawyer: It is a big problem if you are alone during the whole process. One of the most basic rights is criminal attorney free consultation, which you should take advantage of because it can make the whole process much easier. The lawyer will be with you throughout the entire procedure. He will draw up documentation, represent you in court, call the insurance company, guide you, and even have the authority to collect evidence and examine witnesses.
Why you?
There are several reasons why you may be subject to criminal proceedings, such as suspicion that you have committed a crime, violated the law, or someone has reported you. It is important that, even if you are not guilty, you are tolerant and follow the procedures of the authorities.
Where does it happen?
Criminal proceedings take place in federal, state, district, supreme court, police stations, or federal state systems. In some cases, criminal proceedings may be transferred from one court to another. For example, a lawyer will do this if they believe, for some reason, that the trial of their clients would not be fair and manage to confirm this to the authorities.
What are the outcomes?
There are many consequences, even if you come out of court innocent. It costs you time that could have been spent in a much better way. If you are found guilty, the consequences can be much more than lost time and can vary from fines to prison terms. Socially useful work is also a kind of punishment measure, and it can have good benefits for you because it will, in some way, force you to give back to the community that benefits from it. In addition to the important lesson that you pay with a fine, you also fill the state coffers. All these punishments are there to teach you that the law must be respected and that the offense must not be repeated. A criminal record can have serious consequences for you through employment, and even crossing the border will not be as easy as before. The purpose of the criminal record is to warn other citizens to pay special attention to you, so, in a way, it is a label that is stuck on you, which will hinder you in life. So please make sure it never happens. When the detailed process is finally over, we suggest you take a little break from everything at a lake or sea and enjoy a well-deserved rest. Also, keep in mind that you can appeal the verdict if you think that it is unfair and you want it to be repeated.
Who is involved?
There are many people involved in the process. First, it would be the suspect, then the injured party, the state prosecutor, witnesses, experts, the police, the jury, and the judge. Each of these roles is of special importance for the discovery of the truth and a proper and fair trial. You should also use all possible evidence that can help the case, such as cameras, mobile phones, or computers.
And if it seems like too much, these are still six basic things you need to know in the event of such an unfortunate incident that may happen to you. What is worrying is that, unfortunately, an average of 2.5% of cases end with an unjust verdict. Maybe it doesn't seem like a big percentage, but imagine if you were in that number. That's why you need to know these basics and have someone there to help you. If at any time you feel that you have been harmed and that you have experienced an unfair trial, use your right to appeal and fight against injustice. We hope that you will not find yourself in this situation, but with this list, you will be prepared and know what steps you need to take.
