Who Brings the Case in Criminal Law?

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Who Brings the Case in Criminal Law?

Under criminal procedure laws, it is the state that brings the case against the defendant. This is why criminal cases are usually entitled with labels such as "State vs. _____". This is different from a civil lawsuit in which a private citizen brings a case against another private citizen. In civil cases, the focus is often on retribution and reimbursement for financial losses. However, in a criminal trial, the focus is sometimes more on the punishment and rehabilitation of the defendant.

In a criminal case, the state is represented by a prosecutor, while the defendant is represented by a criminal defense attorney. The state provides the defendant with a defense lawyer unless the defendant provides one of their own choice.

Many criminal cases are based on statutes and criminal codes. These are official codes that provide definitions for various criminal charges. In many instances, the criminal code will also provide guidelines regarding sentencing and other punishments. Each state has its own unique set of criminal laws and statutes.

What Is a Defense Strategy in Criminal Law?

In all criminal cases, the defendant is presumed to be innocent until the prosecution proves them to be guilty. "Defense strategy" refers to the overall approach that the defendant takes (with the help of their lawyer) for defending their innocence. Defense strategy may include important matters such as:

Sometimes, the defendant may not be able to work with a state-provided defense lawyer. This can happen for several reasons, such as personal differences, or personal preference. The defendant is always free to provide their own lawyer if they so desire. This is sometimes preferable, as the defendant will usually select a lawyer who they believe can best represent them in court.

Do I Need a Lawyer for Help with Criminal Law Issues?

Criminal law issues can be very difficult for one to deal with on their own. You may wish to hire your own criminal law attorney if you’re facing charges or any type of criminal law issues. A state-appointed criminal attorney might not always be the best match, but hiring your own lawyer can help to avoid conflicts of interests. A qualified lawyer in your area can assist you with your criminal case from beginning to end.

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Last Modified: 06-24-2014 04:37 PM PDT

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