Dean Colin Godfrey owns and operates his own law firm, focusing on estate planning law, probate, and criminal defense law. In the following article, Dean Godfrey discusses the essentials of criminal defense, unraveling the intricacies that define this crucial facet of the legal system. From understanding your rights to the pivotal role of defense attorneys, Godfrey delves into the core principles that form the bedrock of defending individual rights within the realm of criminal law.
According to a United States Sentencing Commission report, there were 57,377 federal criminal cases in 2021. Out of this number, only 90 cases involved an organization. The rest, 57,287 to be exact, involved an individual.
In addition, theft, immigration, drugs, fraud, and embezzlement were the most common crimes, accounting for 83.1 percent of all cases. Dean Colin Godfrey explains that there was also a significant increase in individual types of criminal cases including drug trafficking, child pornography, possession of firearms, money laundering, and sexual assault.
But what exactly happens to someone who is accused of a crime?
Dean Godfrey Explains Criminal Defense Law
Criminal defense law provides individuals who are accused of committing a crime with legal protection. If the accused are not protected, there would be an imbalance in the justice system and would heavily favor the government, particularly because government prosecutors and law enforcement agencies have a wide range of resources at their disposal.
Dean Godfrey says that fair treatment of criminal defendants solely depends on the legal protections contained in the law and the skill of their defense lawyer. Defense attorneys are trained to utilize constitutional guarantees to their client’s advantage.
For instance, they can ask the court to suppress any evidence submitted by the police if it violates the Fourth Amendment to the U.S. Constitution, which protects defendants from unreasonable searches and seizures by the government. This is important, as criminal prosecutions are widely based on evidence provided by the government which includes confessions, witness statements physical items of evidence, medical test results, and more.
The Rights of the Accused
Every criminal is innocent until proven guilty; it’s the cornerstone of our justice system.
Major consequences await someone who is proven guilty of a crime. Therefore, the law ensures that the accused has fundamental rights that must be respected until a decision has been made by a judge or a jury.
Dean Colin Godfrey explains that the following are the most common among the defendants’ many rights:
The Right to Remain Silent
The defendants have the right to remain silent, meaning they don’t have to say anything for the entire criminal process, from the time the arrest is made until the case ends. They are also not required to testify.
Dean Godfrey says that if the accused chooses to remain silent, the court must not view this as a sign of guilt. However, the accused can also choose to testify in his/her own defense.
The Right to Be Represented by a Lawyer
Once arrested, the accused has the right to contact an attorney. Dean Colin Godfrey explains that the accused typically pays the lawyer’s fees but those with low income might be provided with legal aid from the government. Additionally, the defendant can also choose to act as his/her own lawyer, wherein the judge usually provides assistance to ensure that the trial remains fair.
The Right to Be Informed of Evidence
The defendant has an absolute right to defend him/herself, so it goes without saying that the individual also has the right to access all evidence that the prosecutor has. The prosecutor must inform the defendant of each piece of evidence that will be used in the case, including names of testifying witnesses.
The Role of Criminal Defense Attorneys
Dean Colin Godfrey explains that a defense attorney’s main responsibility is to handle issues surrounding criminal arrest, investigation, prosecution, and sentencing. They are also responsible for any post-trial issues.
An accused individual should immediately contact a defense attorney once an arrest is made. The lawyer will give advice and guide the defendant along which steps to follow next. When the case goes to trial, the lawyer will handle the procedural issues of the crime, take over representation, and deal with crime investigators or law enforcement agencies.
More importantly, a criminal defense attorney will spend most of his time reviewing documents and strategizing how his client can win the case, based on the available data and resources.
Dean Colin Godfrey says that the fundamental rights of the accused are designed to provide anyone with a fair trial so that the justice system remains balanced.
