In the world of criminal law, we are faced with high stakes, where not only money is at stake, but often lives and personal freedoms. That is why it is essential to choose an attorney who not only understands criminal law, but also has a proven track record of experience and success in defending or representing victims.
Criminal law is a discipline that includes substantive and procedural criminal law. The two basic laws that govern this branch are the Criminal Code and the Code of Criminal Procedure. However, a thorough knowledge of criminal law requires an awareness of many other laws, such as the law on the execution of imprisonment, the law on the criminal liability of legal persons, the law on the execution of detention, the law on juvenile justice and others.
Criminal procedural law sets out the procedures of the law enforcement authorities and describes the various stages and course of criminal proceedings (preliminary proceedings, preliminary hearing, main trial, appeal and execution). Its basic source is the Code of Criminal Procedure.
Tip: You don’t have to be the perpetrator of the crime, or even plan it, and you may still be directly affected by the criminal proceedings. All it takes is for someone to steal a bike of greater value and you are already part of it as a victim. While any role in the criminal process is unenviable, it is worthwhile for everyone involved to know the different stages of the process.
Substantive criminal law is one of the main areas of criminal law that deals with the definition of criminal offences and the determination of penalties for their commission. It is therefore a key instrument in protecting society from crime, setting clear rules on what is illegal and the consequences for doing so, and thus contributing to the maintenance of law and order and justice. It is the branch of law that determines what conduct is considered a crime and sets out the penalties that can be imposed for such conduct. Substantive criminal law therefore focuses on:
The basic source of substantive criminal law is the Criminal Code, which contains a catalogue of criminal offences.
Have you been charged and prosecuted?
The stakes are high and it is not worth going through the criminal process without consulting an attorney. You will only succeed in court if your defence is bulletproof.
A good attorney specializing in criminal law should be able to represent his or her client at all stages of the criminal process. He or she should also be able to advise victims when filing a criminal complaint or support individuals during the process of giving explanations to the police.
Most often, a lawyer will help in the following situations:
Whether you are the perpetrator of a crime, a victim, or even a wrongfully accused person, it is essential to choose an attorney who has a deep understanding of the law. The attorney should be well versed in the latest changes in criminal laws and practices, have experience with similar cases, and be well versed in the local legal environment. Choosing the right attorney means finding someone who will fight for your rights as vigorously as they would fight for their own. What else plays a role in choosing one?
Another key element in choosing an attorney is his or her ability to communicate with clients and be available to them whenever needed.
It is important that your lawyer is open about pricing terms and contracts. That is, make sure you know the scope and price of services upfront. Of course, every case is differently complex and sometimes the volume of services cannot be estimated on the first visit, so to speak, from the table. That’s why it’s important to have a clear and transparent representation agreement that includes all the necessary information so clients know what to expect. A ‘no hidden fees’ approach and the possibility of flexible payment after the service has been provided are other factors that may contribute to your decision.
It is important to know that your solicitor will not only provide you with courtroom defence, but also proactive legal advice and representation at police interviews and other stages of the investigation and criminal proceedings.
Legal cases are sometimes repetitive in many ways, and some lawyers may be tempted to be a bit boilerplate. It’s important to know that each case is unique to your attorney, and he or she gives the client the utmost attention.
Tip: Has new evidence, new witnesses or a new alibi come to light in your case? Take the opportunity to file a motion for retrial. If the court approves the motion, it means the original decision will be overturned and a new criminal trial will be held. In our next article, we’ll look at exactly when you can file a motion and how. We’ll also tell you how to defend yourself if the court rejects your motion.
If you are looking for an attorney who can offer professional representation with a personal touch and modern handling of your case, Affordable Lawyer may be the right choice.
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