When it comes to the area of expertise of a criminal lawyer such as Law Offices of Alan J. Tauber, P.C. for example, most people tend to think of a popular jury full of people watching, just like in the big movies. The reality, however, can be quite different. Criminal law involves a broad area, which is related to several other specialties of law. That is why this professional needs to be prepared to understand the technical breadth of his demand and the different stages and consequences involved throughout a criminal process. Among the most common actions of a criminal lawyer, the following stand out:
Custody Hearing
The custody hearing is the kick-off of any criminal process that begins in a situation. You’ve probably heard that “everyone is innocent until proven guilty” or that there is no arrest without a final conviction. These are, in fact, constitutional guarantees. But there are exceptions.
Arrest in flagrante delicto is one of those exceptional situations. Suppose the public agent observes the person committing a crime. They arrest them in the act, even before an investigation or criminal process is initiated since the act was caught. Unfortunately, arrests in flagrante delicto do not comply with all legal requirements. In some of them, there are abuses, illegalities, and even strategies deliberately created to arrest a person unfairly.
The custody hearing is a right of this person arrested and must occur within 24 hours after his arrest to identify any irregularities. From this hearing, the judge will determine whether you will remain under the guardianship of the State or respond to the process in freedom. Therefore, it is essential to already have a specialized lawyer’s performance at the time of this hearing.
Crimes Against The Person And Liberty
The role of a criminal lawyer in crimes against the person and freedom is what people usually imagine when they think of these professionals. They are the attitudes carried out directly against other individuals, attacking their physical integrity or right to come and go entirely.
Crimes against the person and liberty range from threats and bodily harm to murder and kidnapping. Also part of this category are crimes against life, which are, depending on the classification, taken to the popular jury, which constitutes a whole world apart from the work of lawyers in the area.
Attempted and consummated homicide, infanticide (crimes judged by the jury),
- abortion
- bodily injury
- domestic violence
- abandonment
- failure to help
- brawl
- threat
- kidnapping
- crimes against honor
Crimes against honor are associated with their three modalities: defamation, slander, and slander. These are crimes that show how communication is capable of causing enormous damage to people’s lives, having a criminal nature that is widely practiced in justice. It is important to note that the criminal logic of crimes against honor differs from the civil logic. In the civil sphere, the need for reparation of those who attacked someone’s honor for this victim is discussed. The individual penalty that this person will suffer for having committed the crime in question is discussed in the criminal sphere.
An experienced criminal lawyer’s office also usually handles domestic violence cases, popularly associated with the Maria da Penha law. In these scenarios, violence occurs within the domestic environment, dealing with the intimate scope of power relations. The defense’s service is, in this case, to avoid abuse during the process and the necessary support so that damages are minimized, preventing an accusation from affecting the course of a lifetime.
