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Montgomery County Criminal Prosecution
If you are charged with a crime in Montgomery County or elsewhere in Pennsylvania it is important you know what to expect from prosecutors and how they are likely going to try and prove their case. With this in mind, the following is information on the methods used by prosecutors in Montgomery County and an experienced Montgomery County criminal lawyer can help. To learn more call and schedule a free consultation today.
How the Prosecution Proves Their Case
In Montgomery County, the prosecution uses many means in order to support the allegations against an individual charged with a crime. The prosecution has the resources and the support of law enforcement in order to better their case against an individual. In such cases, the prosecution is able to use witness testimony as well as expert testimony in trying to make out a case against the individual charged with a crime.
Through witness testimony or direct evidence, the prosecution calls live witnesses who may testify at a preliminary hearing or at the trial in order to make out certain elements of a crime that is being charged against an individual.
Use of Expert Witnesses
The prosecution also has the use of expert or specific witnesses which testify in a manner that is consistent with the prosecution’s allegation in a particular case. For instance, in driving under the influence cases, the prosecution may call an expert to determine that at the time of driving, an individual’s blood and or alcohol level was above .08. That expert then would relate back testimony to indicate that at the time of operating a motor vehicle, the individual was under the impairment of such alcohol and or drugs. A Montgomery County criminal defense lawyer will be handy in helping you fight the prosecution’s use of expert witnesses against you.
Additionally, experts are called when cases involve specificity as to specific materials that the government needs to use in order to prove their case. Ballistics experts or experts with firearms, drug experts on the use and sale or narcotics are often as the forefront of the experts of the commonwealth and or specific prosecutors in Montgomery County use.
Burden of Proof In Montgomery County
It’s the Montgomery County prosecutors that have the official task of proving their case beyond the reasonable doubt. And it’s their resources that are exercised in order to prove such task. It is essential to hire and or seek the advice of a qualified Montgomery County criminal defense attorney so that expert testimony provided by the prosecution and or police or authorities can be rebutted.
Testimony can be rebutted directly through an attorney’s cross examination of certain experts or an attorney’s use of their own experts that contradict the testimony of the commonwealth’s experts.
It is essential to have an experienced Montgomery County criminal defense attorney on your side in order to establish first that the case is not only affected by the prosecution but that the defense has the say in materials of fact and materials of evidence that are introduced to trial.
Additionally, the defense can use their own evidence through the use of eye witness testimony and or expert testimony to show that the commonwealth’s case has not been met beyond the reasonable doubt. It is essential that the commonwealth build a case against the specific individual. And it is even more essential that that individual accused of such crime have the assistance of an experienced Montgomery County criminal defense attorney on their side.
Only then can the elements that the commonwealth wishes to put foot forward be attacked. And only then can an individual, otherwise, charged with the crime have the opportunity to have their day in court and to seek an acquittal of all charges.
Who the Prosecution Needs to Convince
In Bucks County, like the rest of the commonwealth of Pennsylvania, the prosecution and or defendant charged with a crime has the right to be tried before a jury and or before a judge sitting without a jury. Both the prosecution and the alleged individual have the right to choose.
In Bucks County, it is prevalent that the use of a jury trial comes first and foremost when certain allegations are being challenged. The use of a jury trial includes individuals being selected through the jury selection process for which an experienced Bucks County criminal defense attorney would be aware of and would know how to select such a jury.
Then 14 impartial individuals will be chosen by the court and the individual’s participants in the case to sit and listen to testimony and make a final determination of whether or not, the commonwealth has met its burden beyond the reasonable doubt.
That’s what we use when we describe jury of your peers. That is a jury of other individuals who reside in Bucks County and who are randomly selected by jury selection process as well as courtroom selected by the attorneys and prosecutors and court in order to hear a case impartially.
Trial Without a Jury
Additionally, in Bucks County, Pennsylvania like the rest of the Commonwealth of Pennsylvania, an individual may be tried by judge without a jury sitting. That is all aspects of the case would be exactly the same except a finder fact would be one person, the judge and knowing specific judge, their backgrounds and their position on a number of issues is essential.
Therefore, before an individual chooses to be tried by a judge, the individual should seek out the assistance of an experienced Bucks County criminal defense attorney so that all aspects and all decisions are made as close to perfect as possible.
Only then can an accused feel comfortable knowing that everything has been done properly in order for them to go to trial and have the best chance of an acquittal.