There are different criminal defense strategies, but they all depend on what the defense attorney plans to do. The best strategy is to tell the truth which is told to the defendant and the attorney, and to present it in a way that is favorable to the defendant. This decreases the punishment imposed and a lesser charge. According to the general rules of law, once the judge declares the final legal statement, it cannot be revoked. However, this rule won’t apply if it is illegal or doesn’t obey the legal policies of the government. There can be three types of story plots for a defendant, the first being the confession where the defendant agrees to the crime that he/she has done. There are few rules that reduce the sentence according to the situation. There are some terms to know to understand the law better.
Special Leave Petitions
Special Leave petitions, also known as SLP’s, are of primary importance in the Supreme Court of India. It has to be used only in the case of any illegal sentencing involved. This comes under Article 136 of the Constitution of India. The Constitution of India enacts a special leave petition when the defendant files against the court of law in case of an illegal act. It can be filed on any judgment of the high court in India.
Transfer Petition
This is a petition under section 25 where the Supreme Court has the power to transfer the case to any other high court of a different state. There are three kinds of transfer petition in Supreme Court – civil cases, criminal cases and divorce cases. The grounds of the transfer petition also matter. The main grounds are place of occurrence of a criminal case and location of parties.
Anticipatory Bail
This is the bail that is issued by the session court and the high court. It is the kind of bail application that is filed against the non-bailable case seeking to grant the bail where the opposition party is made to contest for the bail application. Note, this can be done before the defendant is arrested. Anticipatory bail from the Supreme Court can be granted only to those cases where the defendant fears of being filed against a false case. There are a few conditions to it. First, the defendant has to attend any interrogations asked by an authorized police officer without fail. Second, the defendant has to make sure that he imposes no threat to the person with proof of the act of the defendant in the case. Third, the person is not allowed to leave India without the permission from the Supreme Court of India.
There are many criminal defense lawyer Delhi that can help you get the bail from the Supreme court of India following all the legal rules of the jurisdiction and can legally change the verdict and charge less for the criminal case. Anticipatory bail works well in such circumstances and you can get through the case.
Comments
Post a Comment