In North Dakota, criminal proceedings begin when a defendant is arrested and charged with a crime. The proceedings must follow all criminal laws including how the officers arrest the defendant in the first place. A criminal attorney in Grand Forks ND can answer frequently asked questions about criminal proceedings.
How Does an Attorney Choose a Defense for the Charges?
The circumstances involved in the offense could define a defense for which the defendant can use to avoid a conviction. For example, mistaken identity could be used if the defendant can prove that they weren’t in the location in which the crime was committed. Surveillance footage that shows them in a different location with a timestamp could substantiate this claim of innocence.
How Do Felonies and Misdemeanors Differ?
In the most basic definition of the terms, a felony is any crime in which the penalty applied could exceed one year. Misdeamors won’t present any penalties that exceed one year; this could include jail or prison sentences as well as driver’s license suspensions.
When is Restitution Required by a Criminal Defendant?
Restitution reflects any financial losses of the victim or their family, and this could include financial support that was lost due to a fatality. The payments are court-ordered, and the judge will designate the exact value of the total payments. The judge will also indicate how the payments are to be made if the defendant goes to prison.
What are Some Common Reasons that Cases are Dismissed?
The case can be dismissed if the arresting officers didn’t provide the defendant with their Miranda Rights and secured evidence without legal counsel present. The cases can be dismissed if any evidence was obtained without a proper warrant as well. If the officers didn’t have probable cause to arrest the defendant, this is another reason for which the charges are dismissed.
In North Dakota, criminal proceedings require a defendant to acquire a proper defense in order to avoid a conviction. These defendants will require an attorney to review their case and determine the most appropriate defense to use. Defendants who need to hire a Criminal Attorney in Grand Forks ND can browse our website for more information.
