Choosing a good criminal lawyer can be a more difficult task than it seems. Amid a huge availability of professionals, understanding which criteria should guide you can become quite a doubt, even more so when we don’t even understand the real ways a professional in the area works.
First, remember that the search for a criminal lawyer, whether to act in defense or assist the prosecution, always aims to realize the constitutional rights of all citizens. This must be the guiding principle of the office that represents you, just as we do here at The Law Offices of Brandon White for example.
Under this basic precept, in today’s article, we will address the role of a criminal lawyer in the various aspects of his work, his main types of work, and what you should observe when choosing your criminal lawyer.
If you are already looking for a professional in the area, get in touch with our team. Addressing the strategies regarding a case as soon as possible is essential to seek a result of excellence and guarantee of rights.
Can I Hire A Criminal Lawyer To Charge The Defendant?
It is important to clarify that the criminal lawyer does not serve to “defend bandits” but rather to ensure everyone has their rights respected, even those who have broken the law. The criminal lawyer can act accusing the defendant, alongside the Public Ministry (MP) or alone, in cases in which this prosecution body remains inert. So that there is no doubt, we will explain roughly how public criminal actions occur and the possibility that the victim’s lawyer or his representative has to accuse the defendant.
The Lawyer As Assistant To The Prosecution
It is common to find a criminal lawyer such as best criminal defense attorneys phoenix for example working alongside the Public Ministry in the Federal District. This is because, although the Federal Constitution has only given the Public Ministry the legitimacy to propose public criminal actions, the Code of Criminal Procedure provides for the possibility for the victim to have more active participation in the process, constituting a lawyer to assist and monitor the prosecution of the Public Prosecutor as an assistant to the prosecution. This is the first possibility that the victim has to hire a lawyer to accuse the defendant.
At this point, it is important to emphasize all the rights that the assistant attorney of the Public Ministry has during the action:
- Propose all means of proof
- Ask questions of witnesses
- Participate in public hearings or juries
- Summarize the resources proposed by him or by the Public Prosecutor’s Office and
- Work at all stages of the process
The criminal lawyer in the private criminal action subsidiary of the public one
Our Federal Constitution and our Code of Criminal Procedure also make it possible for the victim or his legal representative to file a subsidiary public criminal action after six months have elapsed since the end of the period for the Public Prosecutor’s Office to file a complaint, if it has remained inert.
It is important to point out that, in this case, the Public Prosecutor’s Office will continue to have several rights in the criminal action, and may even make changes to the criminal complaint or repudiate it, if it does not meet the due legal requirements. The Public Prosecutor’s Office may also intervene in all acts of the process; after all, despite having missed the deadline, it will continue to be the legitimized prosecution.
