Criminal Defense
As a criminal defense lawyer, Michael Lynch deals with the issues surrounding an arrest, a criminal investigation, criminal charges, sentencing, appeals and post-trial issues. An arrest simply means a police officer or judge believes probable cause exists that a person committed a crime. An arrest does not necessarily mean that a criminal charge has been claimed by attorney. Lynch also deals with the substantive issues of the crimes with which his clients are charged. He may also help clients before charges have been filed by a prosecuting attorney. This is done when someone believes he or she is being investigated or is arrested. The person may hire a Lynch Law Offices to help with counsel and representation dealing with police or other investigators, perform an investigation, and at times present exculpatory evidence that negates potential charge by the prosecutor.
A considerable aspect of Lynch's criminal defense work requires a clear understanding of the United States Constitution. Specifically, the Fourth Amendment protects against unlawful searches and seizures while the Fifth and Sixth Amendments govern the right to remain silent so one does not become a witness against himself. All of the Amendments to the United States Constitution are guaranteed to the criminal accused against the states via the Fourteenth Amendment. Lynch Law Offices consistently demonstrates an in-depth understanding of these rights. |
As with any criminal case, Michael Lynch will review of the charges and the claimed facts, and analyze constitutional violations, the prima facie burden of the prosecution, defenses, and affirmative defenses; as well as potential sentence and sentencing issues. Early stages of a criminal case may involve a grand jury or preliminary hearing to determine if there exists probable cause for the case to continue. A violation of the Fourth or Fifth Amendment, or other illegally obtained evidence could result in evidence being inadmissible at trial. Accordingly, Lynch Law Offices often spends a considerable amount of time reviewing all documentation to determine if the case can be won on Constitutional Grounds due to illegal conduct by the government.
Should there not be Constitutional violations, Lynch will turn his attention to trial preparation. Any proposed settlement agreement must be compared to the best judgment about the outcome after trial. Lynch will usually discuss potential plea agreements with the prosecuting attorney, as an alternative to exercising the defendant's trial right and other rights. Plea agreements, when made, can be characterized as either charge agreements (often involving a less serious charge), sentencing agreements (involving a lesser sentence), or both. Throughout the criminal defense process, Michael Lynch will provide guidance and support for all clients. |
WESTERLY, RI OFFICE:
117 High Street, Westerly, RI 02891 Tel. 401.348.3000 Fax 401.348.8900 Email: Click Here |
Lynch Law Offices
Michael P. Lynch Attorney at Law |
CRANSTON, RI OFFICE:
1140 Resevoir Avenue, Cranston, RI 02891 Tel. 401.942.8600 Fax 401.348.8900 Email: Click Here |