Criminal lawyers play a vital role in safeguarding the rights of individuals accused of crimes. Their expertise allows them to navigate the complexities of the legal system, ensuring clients receive fair treatment at every stage of the process. These lawyers advocate for their clients by challenging unlawful evidence and questioning procedural violations. They provide essential guidance on legal options and defences, helping clients make informed decisions. Moreover, criminal lawyers are dedicated to upholding constitutional rights, such as the right to remain silent and the right to a fair trial, offering invaluable support during a challenging time.
In this guide, we’ll explore the role of a criminal lawyer, how criminal lawyers protect your rights, why you need a criminal lawyer, what rights they protect, when to seek their assistance, and how they defend your rights.
Understanding Your Legal Rights
Every citizen is entitled to basic legal rights, like the right to life, liberty, and security. Such rights are meant for protection from harm and against arbitrary detention. These rights consist of the right to a fair trial, freedom of speech and religion, equality under the law, privacy, and access to education. Some rights, which poor individuals may not know include free legal aid, housing assistance, public benefits, and consumer protection. These rights are essential in safeguarding individuals against discrimination and ensuring that they are treated fairly while granting them access to basic needs and legal support as well. An interest accepted and protected by law is called a legal right. Also, any debasement of any legal right is punishable by law. Legal rights affect every citizen. Legal rights are equally available to all the citizens without any discrimination of caste, creed & sex.
Why You Need a Criminal Lawyer?
A criminal lawyer in India is crucial for several reasons:
- Expert Knowledge: They are aware of Indian criminal law, IPC, and legal process.
- Case Strategy: They look through your case and devise a strategy for defence.
- Protection of Rights: They ensure that your constitutional and legal rights are respected throughout the process.
- Representation in Court: They will speak for you, provide evidence, and cross-examine witnesses.
- Negotiation Skills: They can discuss with the prosecutors to settle with a lesser charge or sentence by plea bargaining.
What Rights Do Criminal Lawyers Protect?
Criminal lawyers play an important role in protecting a number of rights in the Indian legal system: after accreditation, they face just treatment at every stage of the trial. These include:
Right to a Fair Trial
As it exists in India, presumption of innocence until proven guilty gives rise to the criminal justice system; they have the right to be tried by an impartial judge in the public glare. This right provides that the accused should be made to know the specific charges against him or her and has the right to have sufficient preparation time to make a defense.
Right to Remain Silent
The accused has the right to remain silent and not be compelled to respond to questions that may lead to their incrimination. This would prevent self-incrimination and, more importantly, ensure that the burden of proof is on the prosecution.
Right to Legal Representation
Every accused is entitled to the services of a lawyer at every stage of investigation and trial. A person who cannot afford a lawyer is entitled to legal aid free of charge, thereby making it possible for everyone to access legal services.
Right to Due Process
For instance, in a court of law, the legal process should, according to law, be bound by rules and regulations, and the suspect is also entitled to have criminal lawyers authorised to represent them to query or seek redress over any unlawful acts conducted by the police force or the judiciary. This may include aspects such as illegal arrest or violation of rights while in interrogation.
Right to confront witnesses
Criminal lawyers have the right to cross-examine witnesses for the dissipation of evidence presented against them. This, in itself, is a basic right that aims at making witness testimony credible and giving the accused an equal opportunity to defend themselves against allegations.
How Criminal Lawyers Protect Your Rights at Different Stages?
Criminal lawyers play a pivotal role in ensuring your rights are protected throughout the entire legal process, from investigation to trial and beyond. Here are the different stages of the same:
- Pre-Trial: Lawyers guide one on rights during police investigation. They can apply for bail and challenge evidence obtained illegally
- Trial: They come up with your defence, display evidence, and examine witnesses. They ensure the trial follows the appropriate legal procedures
- After the trial: The lawyers appeal if you are found guilty to point out any errors made in the trial. It is also a move to lower sentences and look for other legal options
Common Violations of Rights in India
Criminal cases in India often see violations of fundamental rights, such as:
- Illegitimate Searches: The police can look through your properties without any legal warrant. Lawyers can fight this by filing petitions to keep out illegal evidence.
- Coerced Confessions: If somebody confesses due to being forced by the police, attorneys request the confession be suppressed.
- Not Sufficient Legal Assistance: In India, many cannot get the legal support they require. Lawyers ensure you receive a fair defense in a trial.
- Delayed Trials: Article 21 of the Constitution states that long delays can violate your right of a speedy trial. Lawyers attempt to prevent such delays and can move motions to dismiss if delays are too long.
Why Hiring a Criminal Lawyer Early is Important?
Engaging a criminal lawyer early in the process is crucial for ensuring the best possible defense and protecting your rights at every stage. Here are the different reasons for hiring a criminal lawyer:
- Early Protection: An attorney can intervene early enough to prevent violations of your rights
- Stronger Defence: They gather proofs early and establish a strong defence
- Better Results: They can often negotiate plea bargains with the prosecution, which commonly leads to charges or sentences being reduced.
Conclusion
In India, criminal lawyers play a critical role in defending your rights. If you’re facing criminal charges, it is important to seek legal help immediately to ensure the best possible outcome for your case. Get in touch with our Zolvit criminal lawyers if you have been falsely accused or are a victim; we will help you resolve your legal matter.
FAQs For Role of Criminal Lawyer in Protecting Rights:
Why must I hire a criminal lawyer when under police investigation?
An attorney engaged in police investigations ensures that legal procedures are followed so the accused cannot be coerced into confessing or giving statements. They protect the rights of the accused as per Indian law.
How do criminal lawyers ensure a fair trial?
Criminal lawyers fight and obtain a fair trial as expounded upon by the Indian Constitution, whereby the accused is treated justly before a fair judge. They also ensure adequate opportunities to prove innocence.
Can I get the aid of a criminal lawyer if the rights were infringed during my arrest?
Yes, if your rights are violated, there is a possibility that a lawyer can appeal the arrest, suppress evidence that was illegally obtained, and even ask to reduce or dismiss the charges.
What To Do When I Believe My Rights Have Been Violated in a Criminal Case?
Consult a criminal lawyer right away. They can file motions to exclude unlawfully obtained evidence, thus lowering or dismissing the charges.
How do criminal lawyers contest illegally gotten evidence?
By applying the exclusionary rule, that is procuring evidence obtained unconstitutionally cannot be produced in court, and so police misbehaving are checked.
What is the role of a criminal lawyer in a trial?
A criminal attorney proves evidence, cross-examines other witnesses, and defends their client. The goal at hand is to ensure that, at the end of it all, the prosecution has not proven their case with sufficient evidence, or the accused did not commit such an offence.
How do criminal attorneys help in a post-conviction appeal?
By finding the available avenues for appeal such as procedural errors or constitutional infractions. They submit their appeal within the timeframe set by the court.
Why Early Intervention for a Criminal Lawyer?
Early intervention is important because the early intervention can store primary vital evidence, such as witness statements, physical evidence, and time-sensitive material, such as video recordings.