Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Legal Elements of Common Crimes. Expungement and Criminal Records. Should I just plead guilty and avoid a trial?
Is the public defender a real lawyer? Can I change defense lawyers after I've hired one? How long after arrest do I find out what the charges are? See All Common Questions. Related Products More. Criminal Law: A Desk Reference. Legal Research. First, he or she must clearly exhibit a knowledge of the law and the U.
Attorneys, state or lower court judges, or law professors are most commonly tapped to serve. Constitution, the President nominates candidates to serve on the federal District Courts, the Courts of Appeals, and the U.
Supreme Court. The President sends the nominations to the U. Senate, which provides "advice and consent.
Senate the President has the power to make temporary "recess" appointments when the Senate is not in session. Members of the U. Senate and sometimes Members of the House of Representatives who are in the same political party as the President or those whose ideology is in line with the President's, make recommendations to fill federal judicial vacancies within their state or for the Court of Appeals that serves their state.
These recommendations are then reviewed by the Department of Justice and the White House General Counsel's office, which makes recommendations to the President. The President, however, sends the final decision to the Senate. After the President has submitted an individual's name to serve on a federal court to the U.
Senate, the nomination is referred to the Senate Judiciary Committee. The committee can take the following actions:. Either take no action on the nomination in which case the nomination eventually expires when the Congress adjourns. Approve the nomination and send it to the floor of the Senate for a vote, or the committee can disapprove a nomination, in which case the nomination is usually expired.
In extraordinary cases, a nomination can be brought before the full Senate for a vote even though the majority of the Senators on the Judiciary Committee felt the candidate was not qualified.
If the confirmation goes before the full Senate, then the nomination is once again voted on. In both the Judiciary Committee and the full Senate, votes may pass or fail by a recorded roll call vote, or by voice vote. There is no burden upon the defendant to prove that they are innocent. It is the government's responsibility to prove the defendant committed the crime as detailed in the indictment.
The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime. The defense may also waive his case. If the defense does not put on any evidence, the jury cannot assume that the defendant is guilty simply because they did not put on a defense. The decision to put on a defense is solely up to the defendant and the defense attorney. However, the defense will usually present its own version of the case.
Objections During direct or cross examination, either attorney can make an objection to a question or a piece of evidence to the judge. For example, a prosecutor or defense attorney may object to the wide range of the direct examination because it is beyond the knowledge of the witness, the attorney may be arguing with the witness rather than asking questions, or the witness may be talking about things irrelevant to the case.
The judge decides the outcome of an objection, sometimes after allowing attorneys on both sides to comment before making a ruling. Closing arguments are the final opportunity for the prosecutor and the defense attorney to talk to the jury.
These arguments allow both attorneys to summarize the testimony and evidence, and ask the jury to return a verdict of guilty or not guilty. After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. During this process, no one associated with the trial can contact the jury without the judges and lawyers.
If the jury has a question on the law, they must write a note to the judge, which the judge will read in court with all parties present. In federal criminal trials, the jury must reach a unanimous decision in order to convict the defendant. After they reach an agreement on a verdict, they notify the judge, the lawyers, and the defendant in open court. Everyone is present in court for the reading of the verdict.
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