Have you been accused and you are sure of your innocence? How to act in the first moment? What should you do to provide the best support to the criminal lawyer who will represent you?
As a general rule, anyone who has been criminally accused experiences the feeling that those around them are not capable of believing in his innocence. To learn how to live with everyone around you suspecting you, the key will be to have all the patience in the world and to trust the professionalism and wisdom of the criminal lawyer who will assist your case.
First of all, you should clear up any doubts about the person initiating the accusation, at what moment he did it and the reasons why you are accused.
There are basic aspects that as an accused you must know. What is important for you to know?
It is convenient that as accused, you accept everything that is true in the accusation, however, you have every right to "refuse to accept" all that of the accusation that is false (meaning that it is not true). This is the best way to reduce uncertainties. For this you will have the possibility to present the evidence that proves the falseness of the facts that you are being charged with. In these cases, it is best to be guided by the lawyer who represents you and by the help of experts who help you prove your innocence.
You need to be aware that every accusation has to be subject to evidence. As the accused you have the right not to have to prove what you deny, but the prosecution has the obligation to present evidence of the accusation against you.
It is advisable that before requesting the evidence of your accusation from the prosecution, the objective of them is set, in order to avoid that you are affected, which happens in some cases, when there are mistakes or false information in the accusation.
It is good that you bear in mind that the best way to deal with accusations is to maintain consistency in the exposition of the facts and not make concessions to the accuser.
On the other hand, we recommend from the beginning to know how to manage your economic resources, because there are many defendants who initially make excessive expenses thinking that those will be the only those expenses that they would have to make, without taking into account that most of the legal processes are long ones, which will require having an available budget in various stages to be able to pay to the lawyer representing you.
For a person who has been accused, it is important not to stay out of the accusation and leave everything to your criminal lawyer. The cooperation between both (defendant and criminal lawyer) will be an aspect that will favor the results. It is good that the accused knows about the articles of the Criminal Code of his country, that he investigates about similar crimes that have been committed as well as their results and that he is aware of the appearance that his criminal lawyer will make before court.
What rights does a person who has been accused have?
The rights of a person who has been accused of a crime are:
- The fact of being innocent until proven guilty in a fair trial.- The right to legal assistance. You should know that in most countries, people with a low level of resources are guaranteed that they can have a public defender (at the State's expense).- The right to speak with your lawyer before any kind of police interrogation takes place during the process.- The right to waive legal assistance, as long as the consequences of this right are recognized.- The right to not self-incriminate, which means, that you have the right not to provide the prosecution with any evidence against you.- The right to be informed of the charges against you, and to have access to the evidence that may exist against you.- The right to have enough time to prepare your defense.- The right to present the defense, showing facts and evidence, to be able to examine the witnesses of the prosecution and to demand the appearance of the witnesses on your behalf.- The right to make an appeal in case the procedure rights during the process were not respected.
And in case the defendant is under arrest, what should be guaranteed to him?
When people are deprived of their freedom, the State must guarantee them:
- Human conditions of detention- Cover their basic needs (food, hygiene, health, etc.).- Facilities for physical exercise.- Permission to practice religious activities- Possibility of communication with other people.