Understanding the Criminal Defense Process

Understanding the Criminal Defense Process

Whether you are charged with a crime, or have a friend or family member charged with a crime, it is important to understand the criminal defense in Columbus. Luckily, there are several resources available to help you understand the process.

Good Samaritan law

Whether you#8217;re facing criminal charges or you#8217;re seeking medical help, it#8217;s important to understand the Good Samaritan Law. These laws are designed to encourage people to help others and protect them from liability for their actions. Depending on where you live, you may be charged with a crime for helping someone in need.

Good Samaritan Laws vary from state to state, but they generally give some sort of immunity from civil and criminal liability. Some may even protect you from drug related crimes.

While most Good Samaritan Laws do not apply to medical professionals on the job, some do apply to professional rescuers in volunteer capacities. These laws will protect you from lawsuits if you provide first aid while off the clock, or if you cause someone to suffer a minor injury.

Insanity defense

During a criminal trial, the defendant can use an insanity defense to argue that they were not in the right state of mind when they committed a crime. If a defendant successfully presents this defense, he or she will be freed from criminal responsibility.

An insanity defense consists of two components. First, the defendant must be deemed legally competent to stand trial. Second, the defendant must be deemed mentally ill at the time of the offense. If the defendant is deemed mentally ill at the time of the offense, he or she may be committed to a mental hospital for treatment.

In order to prove insanity, a defendant must be able to show that he or she did not know the nature or quality of the criminal act. This may be proved by evidence of mental disease or defect.

Incompetence defense

Defendants who face criminal charges may raise the issue of incompetence before the court#8217;s sentencing hearing. This defense will not necessarily protect them from the underlying crime, but it can provide a defense in certain circumstances.

Incompetence is a valid defense for a variety of people, and it may even prove to be beneficial for those who are mentally unfit to stand trial. A criminal defendant who is found to be incompetent may have charges dismissed, or he may be sent to a hospital instead of prison.

Common Law: What It Is, How It's Used, and How It Differs From Civil Law

The defense is typically raised by the defendant#8217;s attorney. The judge may request a hearing to evaluate the defendant#8217;s competence. The trial judge will listen to an expert#8217;s report and may decide to order treatment to improve the defendant#8217;s mental health.

Self-defense

Defendants in self-defense cases can use a reasonable amount of force, but the jury must determine if the use of that force was proportional to the threat. Some states require that the defendant attempt to retreat before using deadly force.

The use of a firearm is not covered under self-defense. However, the use of a deadly weapon is still justified if the defendant had a reasonable fear of imminent harm. The defendant must have a fear of great bodily harm, or a reasonable apprehension that the person threatening him will commit great bodily harm.

A good example of self-defense is when a customer in a bar punches a patron or kicks him in the shins. The defendant is justified in attacking the patron because he believes he is in immediate danger.

Entrapment defense

Generally, entrapment refers to a situation where a normally law-abiding individual is induced to commit a crime. Entrapment can occur through intimidation, harassment, pressure or threat. It may also occur through fraud.

Entrapment is often used as a legal defense. This type of defense is often used in cases where a law enforcement officer lures a person into committing a crime. For example, a law enforcement officer might approach a potential drug dealer and ask him to buy drugs. The suspect may respond that he does not want to violate his probation. Eventually, the agent will persist and the suspect will sell the drugs.

A successful entrapment defense requires a defendant to demonstrate that the law enforcement officer acted inappropriately. For example, the police may have lured the suspect with promises of a warehouse shipment. If the defendant resisted the police#8217;s approach, the prosecutor must prove that the officer#8217;s actions would have persuaded a reasonable person to commit the crime.

Criminal Law