Different Phases Of A Criminal Defense

Criminal lawyers exercise criminal defense when a citizen entrusts us to defend him for being investigated, prosecuted or indicted for the alleged commission of one or more crimes, and may be released or in provisional prison. In this article we, Brownstone Appellate Law Firm briefly share the different phases of a criminal defense and what are the keys to its best execution.

Depending on the procedural phase in which the criminal procedure is found, lawyers must act in one way or another. If the client is deprived of liberty, requesting his release will be the most urgent, presenting the corresponding documents and appeals to the competent court of instruction, in addition to speaking with the prosecutor and the judge about his personal situation.

Investigation Phase

In the investigation phase we will attend the evidence proceedings that are carried out in the competent court of instruction and we will request the evidence proceedings that we believe are relevant for the defense. Likewise, we will present the necessary reform or appeal resources.

Intermediate Phase

In the intermediate phase we will present the provisional qualification brief or defense brief, in which we will make reference to the facts of which our client is accused, showing our agreement or not with them; to the qualification of the same, the participation or not of our client, to the modifying circumstances of criminal responsibility (possible defenses and/or mitigating), to the request for acquittal or an alternative penalty, and to civil responsibility. In addition, in the defense brief we will request the evidence that must be practiced in the trial: statement of the accused, testimonial, expert and documentary.

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Oral Trial Phase

In the oral trial phase, we will prepare the trial together with our defendant for his defense at the oral hearing, analyzing all the evidence proposed by the accusations and that which we have requested, including any new evidence that we may propose at the beginning of the oral trial.

At the beginning of the trial, if it is held and there are no causes for suspension, we will expose the previous questions if there are any, to later continue with the interrogation of our defendant, the witnesses and experts. Next, the judge will give us the floor to argue about the documentary evidence and will ask us about our conclusions, which may be “final” or we may modify them by exposing the change in them. Finally, we will present our report analyzing the facts, the evidence taken and our request for an acquittal or, where appropriate, an alternative sentence.

Our firm Brownstone Law, have years of experience in the field of criminal law, which covers very diverse areas: economic criminal law, international criminal law and corporate defense. Our Lawyer has a great reference in the field of criminal law, intervening cases in many states including Texas and Florida, from the Supreme Court and the National Court. If you want to know his recommendations and experiences in the field of criminal law, you can follow him on our YouTube channel.