Criminal Attorneys San Jose

"Crime doesn't pay" How many times have you heard this phrase in television, movies, and in real life? It's true. Crime really doesn't pay. But regardless of this, people still do it.

Crime is defined as an illegal act which goes against the structure of society. It is doing something wrong which is punishable by law. There are different types of crime committed every day. There are crimes which can be committed against the government such as treason. There are also crimes which are committed against individuals such as homicide, rape, kidnapping, and murder. Some crimes affect a person's private property such as burglary, robbery, forgery, and arson. There are also crimes which affect the public's decency and morality such as driving-under-the-influence, public indecency, and drunkenness. And then there are also those which disturb the public peace such as riots and libel. These are just a few examples of crimes which may be found.

Most of these wrongdoings are also indictable meaning people who have committed these wrongdoings are tried in a courtroom. The main players in a courtroom are the judge, the jury, the state prosecutor, the defense attorney, and the witnesses.

The state prosecutor's job is to get justice. He/she does this by questioning witnesses or the accused, and presenting evidence to support what he/she has to say. Although the prosecutor is known for sending wrongdoers to jail, he/she also has to make sure that they're sending the right people to jail.

Defense attorneys, in the meantime, have the accused best interests at heart. Their role is to defend the accused or to make sure that the punishment or penalty meted out by the court to the accused is a fair punishment to the crime. They also make sure that the civil and human rights of the accused party are upheld. The accused should remember that he/she is placing his/her life and future in the defense attorney's hands. This is why great care should be taken in choosing a defense attorney. The defense attorney chosen by the accused to represent him/her should have knowledge and experience handling cases with the same nature. A defense attorney is also called a criminal lawyer.

Witnesses can be called upon to testify by both the prosecutor and the defense attorney. These witnesses may be expert witnesses or civilians. Some examples of an expert witness are doctors, the police investigator, or those who are in a profession that requires them to deal hands-on with investigating the case. Civilians can also be called upon to testify if they have some knowledge regarding the accused, the incident, or the events leading to the incident. Before a witness takes the stand and relays to everyone what he/she knows, the witness must take an oath before the judge stating that what he/she will say is the truth and nothing but the truth. Lying on the witness stand may get the witness a perjury case filed against him/her. Once the witness is done with his/her testimony, the prosecution or the defense then has the option of cross-examining the witness. Cross-examination is done so as to clarify the statements made by the witness.

The jury is composed of a group of people who have no connection whatsoever to the case. They are believed to be impartial to both prosecution and defense. They make decisions regarding the accused party's innocence or guilt based on the evidence and testimonies presented in the court by the two parties. After spending a considerable period of time viewing the evidence and listening to the testimonies, the jurors spend time amongst themselves consulting with each other on the facts of the case. Once the court is reconvened, they then present their decision to the judge.

The judge presides over the whole courtroom proceedings. It is up to him/ her to facilitate the trial. He/she reprimands a lawyer if the lawyer is crossing the line. At the same time, once a decision has been reached by the jurors, it is up to the judge to hand-out the corresponding penalty or punishment befitting the crime.

People are considered innocent until proven guilty. They should be proven without reasonable doubt to have committed the crime in order for them to be sentenced or punished. This is why it is important for the prosecutor, criminal lawyer, judge, jury, and witnesses to all do their part and do the best that they can to get justice. After all, who wants to send an innocent man/woman to jail?