The federal grand jury process is intended to sort through allegations against accused individuals to determine if there is sufficient evidence to send the case through the full federal criminal prosecution process.
If an indictment is handed down, an arrest warrant will issued so the target of the indictment can be arrested and brought in. The next step is the detention or bail hearing. Regardless of whether bail is set, the trial date is then set for 60 days in the future, and the criminal trial process begins.
For a federal criminal defense attorney, one of the first areas of investigation should always be whether all of the essential elements of the offense were established before the grand jury.
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The due process clause of the U.S. Constitution protects you and your loved ones against conviction except upon proof — beyond a reasonable doubt — of every fact necessary to the crime with which you are charged. The due process clause focuses on the type of evidence and the rules of evidence used at trial to prove every fact or element of a crime charged.
It is here in the due process discussion that the courts look to experienced trial counsel and the "great engine of cross examination" which furnishes the best method by which the witness's motives for changing his or her story from that given previously may be fully and thoroughly explored. While the prior inconsistent statement can be used as substantive evidence at trial, the court must look to see if that statement alone is sufficient for a jury to convict a defendant.
The proper use of the rules of evidence at trial is imperative for protection and preservation of your due process rights. The experienced trial lawyers of Hark and Hark know the substantive rules of evidence, to what evidence objections should be made and how to preserve appellate issues.
Understanding what purpose each piece of evidence serves, how to use the rules of evidence in your favor and how to secure proper jury instructions are tasks experienced trial counsel should undertake. Strong, confident representation is only accomplished by experienced defense counsel that knows the rules and is aggressive in handling the cases.
Review my web pages that discuss generally various types of federal criminal charges that may come about and how we handle these cases.
At Hark and Hark, We know Federal Law
For a free initial consultation to discuss the indictment you face, contact Hark and Hark online or call us toll free at 877-4-HARK-LAW (877-442-7552).
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