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The following article was published in our article directory on January 16, 2012.
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Article Category: Legal
Author Name: Kevin Flesch
The United States has both Federal and State courts as well as Federal and State laws relative to criminal law. As much as possible State laws conform with guidelines set by federal law and in case of conflict all are interpreted to give meaning and harmony. This article will discuss the criminal justice system in Denver, Colorado to provide the reader with a primer on how a case progresses. More specifically this article will talk about DUI/DWAI lawyer (Denver, Colorado).
Criminal Law, Denver, Colorado: Defense
A criminal lawyer (Denver, Colorado) represents the accused in a criminal case. Now the accused is free to choose his or her own criminal lawyer (Denver, Colorado) but if he or she does not have the capacity to hire one, then the state shall provide one. This is because every person is entitled to counsel.
Criminal Law, Denver, Colorado: Prosecution
It is the state prosecutors that represents the people as well as the victim or victims and brings the case to trial. This is because a crime is not only an act or omission against the victim or private plaintiff but against the state who is duty bound to keep the peace and punish violators of the law.
Criminal Law, Denver, Colorado: Pretrial
After the accused is arrested or taken into custody the pre trial begins. This stage is where the judge determines if the accused can be released pending and during the prosecution of the case or should be kept under lock and key for the time being. A competent criminal lawyer (Denver, Colorado) is needed, especially when evidence is strong and risk of ecape is highly probable, to effectively argue for the release of the accused during trial. Remember everyone is innocent until proven guilty.
Criminal Law, Denver, Colorado: The Case
Depending on the type of criminal case that is filed different procedures may apply. However as a general rule it is the prosecution that gets to present the case first and then it is defense that disproves the prosecution to establish the innocence of the accused, secure favorable conditions, establish reasonable doubt, etc. This is of course subject to specific rules and exceptions
DUI/DWAI Lawyer Denver, Colorado: Specifics
In a normal criminal case the burden of proof is always with prosecution to establish the connection between an act or omission constituting a crime or felony and the person or persons being charged. The defense does not need to show 100% that the defendant/s did not commit the crime in a normal criminal case. However when it comes to driving under the influence or driving while intoxicated the defense cannot rest on the insufficiency of evidence of the prosecution, at least so far as the procedure of taking and in proving that the alcohol test or laboratory test was accurate.
This being said it is very important to get a DUI/DWAI lawyer (Denver, Colorado) rather than a general practitioner who may not be familiar with the specific rules of evidence as well as procedure of DUI/DWAI cases.
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