Pagan Lopez Law
Criminal Law
What is it?
Criminal law is the body of law that defines crimes and provides punishment for criminal acts which are usually actions considered
harmful or dangerous to society. This includes crimes like theft, assault, fraud, drug offenses, and more. Criminal law is codified in
statutes and regulations at both the federal and state level. Violations of criminal law can result in fines, probation, imprisonment, or
even execution in capital cases.
The process
A person charged with a crime will go through the criminal justice process. This starts with an investigation and arrest, then a decision
whether to charge the person. There are pre-trial procedures like setting bail and conducting discovery which is the gathering of
evidence by each side. If charges are not dismissed, the case will proceed to trial before a judge or jury, where the person is presumed
innocent until proven guilty. If convicted, the judge will impose a sentence based on sentencing guidelines. The person accused can
also appeal the conviction or sentence.
Our role as your Attorney
As your attorney, our role is to represent you through all stages of this process. We will advise you on legal strategy, file motions on
your behalf, negotiate with the prosecution, argue before the judge and jury, and overall provide you with a vigorous defense aimed at
achieving the best possible outcome.
The right to represent yourself (Pro Se Defendant)
Every individual has the right to proceed “Pro Se” in a court proceeding. Pro se means that you would be representing yourself without an attorney. The Sixth Amendment guarantees your right to conduct your own defense. New York also recognizes the right to proceed pro se. However, the court must first determine that your request to proceed pro se is unequivocal, knowing, and intelligent. The judge will advise you about the dangers and disadvantages of self representation, so you understand what you are giving up by waiving your right to counsel. The court may also appoint standby counsel to assist you as an advisor, but you do not have a right to hybrid representation where you act as co-counsel. Even if you decide to proceed pro se, you can reconsider at any point in the case and request that counsel be reappointed to represent you. Proceeding without an attorney has serious risks, so it is important to weigh your options carefully.
Even if you think you could capably represent yourself, having an experienced criminal defense attorney in your corner is extremely valuable. We can help guide you through the complex criminal justice system and avoid pitfalls. There are many strategic decisions in building a defense that our legal expertise can assist with. While you have the right to self-represent if you wish, it is always strongly advised retaining legal services for your criminal defense counsel to protect your rights and build the strongest case in your favor under the law. The stakes are high, and legal counsel is critical. We are here for you.
Why is an attorney always recommended?
An attorney is always recommended for criminal cases in U.S. because the right to counsel is fundamental to ensuring a fair trial and effective defense and due to the critical role they play in ensuring the proper administration of justice and protecting the interests of their clients. This right is enshrined in the Sixth Amendment of the Constitution of the United States, which guarantees the accused the right to assistance of counsel for their defense. Attorneys are bound by professional obligations to conduct each case with courage, vigor, and skill, while also upholding the honor and dignity of the profession
The presence of an attorney is crucial because they provide the necessary legal expertise to navigate the complexities of criminal law, ensure procedural safeguards are followed, and protect the defendant’s rights throughout the trial process. Effective legal representation is essential for examining and cross-examining witnesses, objecting to improper questions, and adhering to rules of evidence and procedure.
Moreover, the Supreme Court has emphasized that the right to counsel is not just about having an attorney in name but ensuring that
the representation is effective and competent. This is because the adversarial system relies on skilled advocacy from both sides to
achieve just outcomes, where the guilty are convicted, and the innocent are acquitted.
In addition, attorneys play a critical role in advising defendants on key decisions, such as whether to plead guilty, waive a jury trial, or
testify on their own behalf. These decisions are of such importance that they cannot be made without the informed guidance of legal
counsel.
The attorney-client relationship is fundamental to the legal process, as attorneys act as both advocates and counselors. This
relationship involves not only representing a client’s interests in court but also providing sound recommendations on handling legal
problems, which includes addressing personal, financial, social, and moral implications of legal choices
