Understanding State Lenience in Criminal Proceedings
Are you having trouble understanding the criminal procedure and believe that it’s pretty unfair? Well, my name is Aaron Grubb. I’m the Tahlequah criminal attorney at Wirth Law Office, and in this video, we’re just going to talk about some state lenience that the legislator and the courts give.
I’ve had one client express frustration with the amount of lenience the state provides when it comes to arrests. For an arrest, police must have probable cause to believe a crime is being committed. This doesn’t mean they are certain a crime occurred—merely that there is a reasonable basis for their belief.
The Burden of Proof in Arrests
In practice, this probable cause standard can be a relatively low bar. It could be interpreted as a mere 20% chance that a crime was committed. The policy reason behind this leniency is to allow law enforcement to apprehend individuals and submit them to the judicial system, where it’s left to the courts to determine whether a crime was indeed committed.
Another example of state lenience occurs when a District Attorney (DA) misses a deadline. For instance, I recently had a case where the state subpoenaed the arresting officer, who failed to show up. Despite it being noted as an administrative fault, the judge chose to overlook this oversight and granted the state a pass.
Challenges for Defendants in Criminal Proceedings
It’s crucial to understand that while the state receives substantial lenience during these proceedings, defendants do not enjoy the same privileges. This disparity emphasizes the need for individuals facing charges to be on their best behavior and to enlist an attorney who will zealously advocate for their rights.
If you’re looking for an attorney who will fight for you, please contact us at Wirth Law Office. We can help you navigate these complexities.
Schedule Your Low-Cost Initial Strategy Session
Don’t wait until it’s too late! Call me, Aaron Grubb, a Tahlequah felony attorney today at (918) 458-2677 to schedule your low-cost initial strategy session. We are here to guide you through the criminal process.
