The role of the lawyer in criminal defense


The role of the lawyer in criminal defense

With whom to file a complaint?

The complaint can be lodged directly with any police station or gendarmerie brigade. It can also draw up to be filed and transmitted to the public prosecutor in the context of a letter.

The San Diego criminal lawyer will take care of drafting your complaint with the appropriate legal qualifications and bringing all the elements necessary for the effective treatment of the latter.

Our firm San Diego criminal attorney will also advise you in the context of compensation procedures with the various competent bodies, such as that relating to motor vehicle accidents or common-law offenses.

Police custody:

Police custody is a crucial phase of ‚Äč‚Äčintervention for lawyers. Police custody is a period during which the rights of the defense must be respected because it takes place before prosecution. It is during police custody that the trial and the defense are gathered by the investigators. It is done under the authority of the police. It is, therefore, a susceptible area in which the lawyer must intervene.

Police custody is a deprivation of liberty measures taken by a judicial police officer to keep at his disposal a person suspected of a crime or an offense. It can go up to 48 hours for ordinary law cases, 96 hours, or even 120 hours for certain crimes (drug trafficking and terrorism).

What will the lawyer do at this point?

Our office intervenes urgently in police custody.

This perspective is all the more true since, since a recent reform, police custody may have the right to an interview with a member of their family.

The lawyer attends the time of the confrontations, and the hearings kept in custody. It can also be present in the context of measures such as re-enactments or carpeting.

Immediate appearance:

The next appearance before the criminal court follows an arrest, police custody, placement in the depot pending the decision of the public prosecutor. The latter may decide to prosecute an individual who has been held in police custody according to the procedure of immediate appearance.

We are present alongside the person immediately interviewed at the courthouse depot. Then at the hearing, we appreciate the opportunity to request a referral to collect the documents allowing to adduce evidence of innocence or to adjust the sentence, and we ensure criminal defense during the proceedings of the next appearance.

Role of Investigating Judge:

For the most complex crimes and offenses which require a thorough investigation .The case is transferred by the decision of the public prosecutor to the hands of an investigating judge.

The investigating judge must instruct the prosecution and the defense and when appearing before him, said initial examination. In the light of the statement judge has in the file, decides whether or not to put the person in charge examination in pre-trial detention by referring her to the detention and liberty judge or giving her the status of the assisted witness or merely leaving her as a simple witness.

Conclusion:

Our best criminal lawyers assists the person under investigation or witness assisted throughout the information phase as part of a precise follow-up on the steps to be taken with the investigating judge.

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