Criminal law relies on more than just the actual laws that are written. It also relies on case law, which is the outcome of previous cases. A person who has been arrested may not understand how this can have an impact on their case, but they can hire a Defense Attorney who understands case law and knows how to apply it to help the person avoid a conviction if possible.
Written Laws and Case Law
The actual written laws are what most people refer to when they’re trying to understand what they’re charged with and how it applies to their situation. It’s often easy to find written laws. Case law, however, is not an actual written law. It refers to using the outcome of previous cases, especially those where the outcome was appealed, to determine how a written law should be interpreted.
How an Attorney Uses Written Laws and Case Law
An attorney will look into the law the person is charged with breaking as well as similar cases to see what previous outcomes might have been. They can access this information through special computer programs for attorneys. Once they have this information, they can use it to see how a previous case could impact the outcome of their client’s case and what they can do to help minimize the penalties their client is facing.
Can This Really Make a Difference?
Just going by what the written law says can give a person a good idea of what they’ve been charged with, but the case law can give a lawyer a better understanding of whether the law is actually applicable in their client’s situation or if there is a defense to the arrest that they can use. Depending on the situation, this could make a big difference and can even enable the charges to be dismissed because the crime the person was accused of doesn’t actually fit with the laws as they stand.
If you’ve been arrested, you will want to make sure you hire a Defense Attorney immediately. They have in-depth knowledge of the legal system they can use to help you avoid a conviction or get a better deal. Visit the website for Addair Thurston Chtd. now to learn more. You can also follow them on Twitter for latest news and update!
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