Whether it's a fine for some traffic offense or a more serious charge, almost all of us will face court sooner or later. Here's how you can prepare for this eventuality.
Steps
Step 1. If the police want to question you about a crime, DON'T SAY ANYTHING
Step 2. Identify what kind of legal representation you need, if you need it (see below)
In the United States, lawyers can practice any type of jurisprudence, but many specialize in an area of law. In some countries, there are different types of lawyers. Their scope is limited by the type of law they practice.
Step 3. Understand the difference between civil law and criminal law
Civil law deals with disputes between two people. If you report someone, yours is a civil case. If you are accused of a crime, yours is a criminal case.
For the purposes of this article, we will assume that this is a case dealt with in the courts of the United States, with the exception of Louisiana. In most American states the judicial system is based on the English Common Law (with the exception of the Louisiana judicial system which is based on the Napoleonic Code)
Step 4. Decide if you need a lawyer
If it is a serious criminal case, you will absolutely need it. Hire a lawyer even if you can't afford to lose in court, if you have trouble understanding the intricacies of your case, or if you want to appeal the verdict. Know that some crimes involving small fines or short incarcerations can have serious, long-term consequences. People with a conviction behind them may have difficulty finding a job and a home. A conviction for driving under the influence of drugs or for other traffic violations will result in an increase in the insurance premium. A conviction can also affect the right to vote or to possess weapons. A conviction for theft (even if it involves shoplifting) will forever prevent you from having a position of trust and serving on a jury.
- Often a lawyer can negotiate and get a deferred sentence, which once you have completed your probation period will prevent the conviction from appearing on your criminal record. This does not mean that there will be no trace of the arrest. Even if the deferred sentence is not a conviction, employers, lenders, insurers, and anyone else who checks your criminal record, may consider it as such.
- If you are accused of a serious crime, rather than a simple drug-related case, you absolutely need a lawyer. If you are a man on a rape charge, consider hiring a female lawyer.
Step 5. Whether yours is a civil or criminal case, you must have YOUR witnesses in court
Make sure they get sued!
Some witnesses may tell you they will show up in court; a subpoena will force them to do so. If they do not show up, when the judge asks if you are ready to proceed, reply, "No, my witness, who was duly handed over to the court summons, is not here. I request that the court oblige him to appear." If you have a lawyer, he will do this. Don't refer to this person as a "friend" unless asked. If you haven't handed the subpoena to your witness, happy birthday
Step 6. Do a legal search
Cops are famous for making fines for misdemeanors and crimes that aren't really.
For example, you are driving down a street in a residential neighborhood and looking at the Christmas lights on display. A policeman stops you and gives you a ticket for driving too slowly! We are all aware of the minimum speed limits to be maintained on the motorway, but who has ever heard of minimum limits in a residential neighborhood? The maximum speed allowed in a residential neighborhood is often 30 mph (50 km / h). In many towns, the maximum speed is 20 miles per hour (33 km / h). In most places, except on the freeway, driving too slowly is a crime only if it causes an accident
Step 7. In the example above, the source of the law is unclear
You should request a summons, and request that the court identify the section of the law code on which the charges against you are based. Do not wait for the date of appearance in court indicated on the fine to do this. Go to the clerk to schedule this date.
In cases involving traffic offenses, never ask for a jury trial. Since everyone has violated the speed limits at least once, the jury members will be indifferent. The example above is the exception that proves the rule. Many jurors would probably find such a case outrageous, given that you are on a street in a residential neighborhood
Step 8. You appear in court well dressed
He wears a traditional suit, with a white or blue shirt and tie underneath. Make sure your hair is clean and tidy, styled in a classic style.
Step 9. Be prepared to answer questions that will make you uncomfortable
Your attorney should have questioned and prepared you before the trial. If the case is simple, he can also instruct you at the court entrance. If yours is a serious criminal case, he must prepare you for the deposition much earlier. Part of his preparation for the deposition should include asking you these uncomfortable questions. You have to be ready to respond without breaking the bank. Often this makes a difference in being believed or not!
Step 10. If you have physical evidence, don't damage or pollute it
Give them to your lawyer or take them to court. Bring supporting photographs, if you have them. Bring all the documents related to the case with you.
Step 11. If you are accused of a criminal offense, the standard used is that of "beyond a reasonable doubt"
If yours is a civil case, the standard is "preponderance of evidence", which must be 51%.
- When O. J. Simpson was found "Not Guilty" of murder by the court, the standard being "beyond a reasonable doubt". When a civil court ruled that he was guilty of "Manslaughter", the standard of proof was 51%. Many people claimed that this proved that the man had killed his wife. It was not like this. It just meant there was more evidence that he hadn't.
- "Not guilty" does not mean that the defendant was "Innocent". This is often misreported by the media (and taken for granted by others). It just means that the "beyond reasonable doubt" standard has not been met.
Step 12. Remember, if you are accused of a serious crime, you need a lawyer
People who stand up for themselves never win. They are not prepared to raise objections when necessary, to cross-examine witnesses, etc. The old saying is: "A lawyer who defends himself has a madman for his client." If this is true for lawyers, how do you think you can do better?
Step 13. If you are accused of a crime and do not need a lawyer, see the previous step
Advice
- If you are arrested for a serious crime (in the US), the first and last thing you should say is: "I want a lawyer". This will prevent the police from asking you questions until a lawyer is present.
- Many communities offer legal aid agencies for those in need.
- If you are arrested for a serious crime, don't discuss your case with your cellmate! '"Your cellmate is likely to be a cop."' Also, your cellmate may be trying desperately to get a deal. Even if you haven't done anything wrong, telling your cellmate what you're accused of might give him enough information to make up a story. '"Keep your mouth shut!"'
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If you are arrested (in the US), the police do not have to "read your rights" until they wish to question you or formally charge you. Everything you say IT CAN and WILL BE USED AGAINST YOU!
So keep your mouth shut! Many defendants condemn themselves without ever having been questioned by the police.
- Under the Fifth Amendment of the United States Constitution, you cannot be required to testify against yourself in a criminal case.
