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THE CRIMINAL PROCESS

Criminal attorneys help protect the rights of people accused of crimes.

The constitution guarantees criminal defendants to the right to a speedy trial and Due Process requires that criminal defendants receive a fair trial so that people are not persecuted for crimes they didn’t commit. Criminal defendants also have the right to have legal counsel present the right to confront witnesses, the right to a jury trial and the right to not testify against oneself. The job of a criminal attorney is to ensure that the accused is not deprived of these constitutional rights.

State and Federal Crimes

Municipalities, states and the federal government each have their ow criminal codes. Typically, federal crimes deal with activities that either extend beyond state boundaries or directly impact federal interests.

Criminal Trial Process

The criminal process usually begins with an investigation leading to an arrest and then prosecution by experienced lawyers working for the government. A thorough and complete understanding of the criminal process is essential to a successful outcome. It is the sole responsibility of Mark Waecker to intercede on a client’s behalf, communicate with law enforcement and, quite frequently, actually avoid an arrest and resulting prosecution. Mark will be your liaison with any law enforcement or agency investigation. You have a constitutional right to have an attorney.

Mark has many years of jury trial experience handling cases from coast-to-coast including Hawaii. He frequently travels to crime scenes, accident sites and areas where the personal inspection of evidence will aid in the defense of a client. Mark uses only the highest quality, reputable experts in the field to assist him in the analysis of the evidence brought forward by the prosecutor as well as locating evidence that will be key to a successful client’s defense. Frequently law enforcement overlooks exculpatory evidence routinely located by Mark and used to benefit his clients.

Criminal Trials

During a criminal trial, a criminal attorney’s main aim is to introduce reasonable doubt. A person can only be found guilty of a crime if the prosecutor convinces the jury or judge that she is guilty beyond a reasonable doubt. If a defense attorney can introduce uncertainty, the defendant must be found innocent.

After law enforcement arrests a suspect, a judge will set the suspect’s initial bail. The arraignment comes next during which time the Judge reads the charges, asking about whether the accused has an attorney or needs one, asks for a plea, decides on whether to amend the bail amount and sets the dates for future proceedings. This can be a stressful and confusing time, and having your attorney in the courtroom with you can ensure a greater understanding of the proceedings and potential outcomes.

The preliminary hearing follows the arraignment. At this hearing the judge determines whether the prosecution has gather enough evidence to make the criminal defendant stand trial. Your attorney has the right to cross examine the prosecution witnesses during this proceeding.

Often prosecutorial evidence can be successfully challenged or even excluded causing many cases to be dismissed or the charges substantially reduced. However, it is important that you exercise your right to remain silent and make no statement whatsoever. Please keep in mind that law enforcement officers are highly trained at interrogation techniques and frequently clients don’t even realize they are being questioned when confronted by a police officer. Conversations are recorded when clients are unaware that they are the target of a criminal investigation. It is not possible to communicate with a law enforcement officer to avoid arrest or prosecution.

A pretrial hearing follows the preliminary hearing when the prosecution and your attorney file motions with the judge. These motions are very important and can make the difference whether the court should suppress certain evidence, or if certain individuals can or be prohibited from testifying or whether the judge should dismiss all charges for lack of evidence.

It is the sole responsibility of Mark to intercede on a client’s behalf, communicate with law enforcement and, quite frequently, actually avoid an arrest and resulting prosecution. Mark will be your liaison with any law enforcement or agency investigation.

Mark’s Approach to The Criminal Process

A thorough and complete understanding of the criminal process is essential to a successful outcome.

While the criminal process is itself very complicated and “unfriendly” to the client, Mark Waecker has been working inside this criminal process for over 35 years. The process contains many “built-in” rights that clients are sometimes unaware of but are skillfully utilized by Mark in his custom-designed defenses.

arrested-manIf Arrested or Jailed

Here is where it is of utmost importance to remember to exercise your right to remain silent and make no statement whatsoever, except that you want to talk to your attorney.

Many of Mark Waecker’s clients have sought his legal guidance immediately following an arrest, while still incarcerated. Those clients use the clock to their advantage, as time is still on their side. Acting quickly and efficiently, Mark Waecker will use assertive strategies to have cases dismissed or substantially reduce potential consequences.

If Contacted by the Police

First and foremost, absolutely exercise your right to remain silent at all times, under all circumstances. Many cases are prosecuted when clients, contacted by a law enforcement agent, mistakenly believe that they can talk their way out of the situation. Many times they are unknowingly talking to undercover agents acting like ordinary people.

Challenging the skill and training of a law enforcement officer by attempting to discuss your case with them is never a good idea. Instead, immediately assert your right to remain silent and call Mark Waecker directly, or have someone else make the call for you.

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