“Freedom is never given; it is earned.” – A. Philip Randolph
Facing criminal proceedings can be one of the most challenging experiences in a person's life. However, understanding the stages of the criminal process and how each can influence the defendant's freedom is key to an effective defense. At SERNICEwe work strategically at every stage to guarantee respect for our clients' rights and ensure the best possible outcome.
Stages of the Criminal Process and its Impact on the Freedom of the Defendant
Preparatory Investigation Stage
The first moment to build a solid defense.
In this phase, the Public Prosecutor's Office gathers evidence and determines whether there is sufficient material to charge a crime. Here, early legal advice is crucial to avoid unfounded charges or requesting alternative measures to pre-trial detention.
Key actions at this stage:
1. Advice on first statements to avoid self-incrimination.
2. Request for alternative measures to pre-trial detention.
Challenging evidence obtained in an irregular manner.
Intermediate Stage
The time to challenge the accusation.
In this phase, evidence is evaluated before deciding whether the case goes to trial. A skilled defense can challenge evidence, negotiate opportunity criteria or seek dismissal of charges, ensuring that the defendant does not face an unnecessary trial.
Strategic defense at this stage:
1. Exclusion of illegal or inconsistent evidence.
Negotiation with the prosecutor's office for opportunity criteria.
3. Presentation of evidence proving innocence or mitigating factors.
Oral Trial Stage
The decisive moment.
Here, the court reviews the evidence presented and issues a sentence. A well-thought-out defense strategy can result in an acquittal, reduction of charges or legal benefits for the defendant.
Key points in the defense during the trial:
1. Questioning and rebuttal of prosecution evidence.
2. Presentation of witnesses and expert evidence in favor of the defendant.
3. Raising solid legal arguments to prove innocence.
Legal Challenges and Remedies Stage
Not everything ends with a sentence.
If the outcome of the trial is not favorable, there are legal mechanisms such as appeals or amparo actions to review the decision. SERNICE is in charge of evaluating each case and filing the appropriate remedies to reverse unjust rulings.
Defense at this stage:
1. Filing of appeals to modify the sentence.
2. Request for amparo action in case of violations of the rights of the accused.
3. Evaluation of new evidence for a possible review of the case.
Every stage of the criminal process represents an opportunity to protect the defendant's freedom. Having an experienced legal team can make the difference between prison and freedom. At SERNICE, we accompany you every step of the way, ensuring that your rights are respected and designing the best strategy for your case.
Do you need legal advice? Contact us today at (+502) 5000-5042 and protect your freedom with experts.
“Justice is the queen of republican virtues and with it equality and liberty are sustained.” – Simón Bolívar
