When someone you care about is suddenly thrown into the homicide charge process, your very world can feel as though it comes to a complete stop. That sense of being lost, scared and unsure about what to do next is the overwhelming feeling families experience. At Smith & Green, Attorneys at Law, P.L.L.C., we help families during this challenging period with straightforward advice and a solid defense strategy.
This blog outlines how families can assist, the rights of a person accused of homicide, what your legal options are and an overview of the usual court process in relation to homicide cases.
Know the Homicide Charge Process From the Start
From the instant someone is banged to right after a murder arrest, it’s like: It just got serious. The legal process can move fast, and families need to know the steps as early as they can.
The process generally includes:
- Arrest
- Booking and interrogation
- Initial appearance
- Bail review
- Pretrial hearings
- Trial
- Sentencing
- Possible appeals
Seeing this architecture allows you to remain cognizant and prepared for all stages.
Role of the Family in the Case
Having strong family support through the case can make a difference. While your loved one waits in custody, they’re likely filled with fear and uncertainty, as well they have to deal with long hours. Families help by:
- Staying calm
- Staying informed
- Attending hearings
- Encouraging positive communication
- Close cooperation with the defense attorney
Your support bolsters their mental and emotional equilibrium during an inordinately stressful legal ordeal.
We Need to Protect the Rights of the Accused Person
After being arrested, your family member continues to enjoy protected rights under the law. These rights include:
- The right to remain silent
- The right to an attorney
- The right to a fair hearing
- The right to challenge evidence
- The right to due process
Tell your loved one to refuse to talk to the police without a lawyer present. They could have things they said on jail calls, or even on social media or in casual conversations, used against them.
PRETRIAL DETENTION AND AVAILABLE ON BAIL IN MURDER OFFENSES
Pretrial custody information is often the details that families stress over most. The suspects can be held in jail for weeks, sometimes even months, without a proper hearing. Some judges do grant bail, depending on the facts and risks involved.
As our resident lawyer pointed out in her column, a good defense attorney can f… Other things lawyers can argue for that can benefit homicide cases when it comes to bail include the following:
- Flight risk analysis
- Community ties
- Employment history
- Lack of prior criminal record
At Smith & Green, we will fight to try and obtain the best release terms available.
Remain in Constant Contact With the Defense Attorney
Communication between the accused and a defense attorney must be open and ongoing. Families need to inform the attorney of:
- Background information
- Mental health concerns
- Relationship history
- Possible witnesses
Any facts which the accused might at any rate forget or feel diffident of communicating
Without complete information, your attorney will be hard-pressed to craft an effective defense. We thank families for asking and staying connected. ”
Serious Charges Need a Review of Evidence
In a murder case, evidence review in serious charges is paramount. Evidence may include:
- Forensic reports
- DNA testing
- Surveillance footage
- Cell phone data
- Expert opinions
- Eyewitness statements
A strong defense team will raise issues with bad processes, poor testing, or flat-out mistakes. Smith & Green investigate to find faults in the prosecutions case.
Knowing Your Legal Options for Charges of Homicide
Families need to understand that not all homicide charges make it to trial or result in the alleged perpetrator facing the stiffest possible penalties. Homicide charges can hold a variety of different legal meanings, such as:
- Dismissal
- Charge reduction
- Negotiated plea
- Alternative sentencing
- Full defense at trial
The correct choice depends on the evidence, the facts and circumstances of the case. We spell out each option clearly so families can make informed choices.
How Plea Deals Work
Occasionally the State makes a plea offer. This is what’s called plea deal talk. A plea can lead to a lesser charge or reduce the potential sentence. But no family should ever sign a settlement without being fully aware of:
- Penalties
- Long-term consequences
- Rights waived by pleading
- How strong the evidence is
We closely examine each possible plea agreement, and tell you what it spells for your loved one’s future.
Families Need to Know Trial Preparation – No Easy Task
If the matter goes to trial, there are a number of steps in preparing for trial such as:
- Reviewing witness lists
- Examining forensic evidence
- Preparing testimony
- Challenging evidence
- Filing motions
- Building defense themes
Trials are pretty complicated things, and also take time. Families should brace themselves for a long process that entails several hearings.
Understanding Sentencing Risks in Homicide Cases Beyond Guilty Verdicts and Defenses
Assuming an individual is convicted, then comes sentencing. Sentencing risks in murder cases can be particularly high depending on the charge:
- Life imprisonment
- Long-term prison sentences
- Mandatory minimums
- Fines and restitution
The defense lawyer seeks the lowest sentence possible and accentuates positive elements such as family support, background, behavior.
Appeals Options for Homicide Convictions
Hope remains if the verdict is not justice for families. There are a variety of routes for appealing a homicide conviction, these include:
- Appealing legal errors
- Challenging improper evidence
- Reviewing unfair sentences
- Seeking post-conviction relief
Appeals take careful writing, strong legal arguments and detailed research. Our team assists families in exploring any possibility after someone has been convicted.
Someone Is on Your Side – Smith & Green are On Your Side
Facing a homicide charge is one of the most stressful experiences a family can endure, but you do not have to navigate it alone. Providing strong family support during a criminal case, understanding the rights of the accused person, and knowing the legal options for homicide charges can make a meaningful difference. Early guidance from an experienced homicide defense lawyer Phoenix helps protect your loved one’s rights, manage pretrial custody information, explore bail considerations in homicide cases, and prepare for every stage of the court process in homicide cases. At Smith & Green, Attorneys at Law, P.L.L.C., our team is dedicated to guiding families through evidence review, plea deal discussions, trial preparation steps, and, if necessary, appeals options for homicide convictions. Reach out today to ensure your loved one has the strongest defense possible and the support your family needs during this challenging time.