How to Defend Yourself Against Criminal Cases

When you are sued for a criminal case in the Philippines, you will normally receive a subpoena from the Office of the City Prosecutor requiring you to appear on a certain date and time to submit your Counter-Affidavit. This is the stage of preliminary investigation. Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. This is a crucial stage in criminal proceedings because the prosecutor will have to determine whether there is sufficient ground to file an information in court against you. If there are no sufficient grounds, then the prosecutor will dismiss the case. As such, the criminal complaint will not be filed in court.

When confronted with this situation, you will need to seek expert legal advice and engage the services of Philippine criminal defense lawyers or attorneys to ensure that your side is properly presented. A good criminal defense lawyer will endeavor to disprove the elements of the crime or felony based on factual circumstances and documentary evidence. Thus, it is best for you to disclose all the material facts, whether beneficial or prejudicial, to your Philippine criminal defense attorney. Your defenses will therefore be laid out in your Counter-Affidavit, which you need to swear to before the Prosecutor.

Thereafter, the Complainant will be given the chance to file his Reply-Affidavit. Accordingly, if the Complainant raises new issues, you can file your Rejoinder-Affidavit controverting the facts averred by the Complainant. Afterwards, the Complaint will be deemed submitted for resolution.

If the prosecutor does not find probable cause, he will dismiss the Complaint. As such, you have triumphed and evaded criminal prosecution in the Philippines.

However, if the prosecutor finds probable cause, you will receive a resolution spelling out the reasons for such finding. In this regard, your Philippine criminal defense lawyer may file a Motion for Reconsideration with the City Prosecutor. If the Motion is denied, you may seek remedy from the Department of Justice.

When the prosecutor finds probable cause, he will file an information in court, with the recommended bail. If the judge in the pertinent court finds sufficient grounds, he shall issue a warrant of arrest. Except for certain crimes punishable by reclusion perpetua, when evidence of guilt is strong, your Philippine criminal defense lawyer may post bail for your temporary liberty.

Trial will thereafter ensue. It must be emphasized that criminal cases are offenses committed against the state. Thus, the prosecutor or fiscal will be the one prosecuting the criminal case against you in court. He may be assisted by a private prosecutor of the complainant.

As can be gleaned from the foregoing, it is necessary to secure the services of a good Philippine criminal defense lawyer, attorney or law firm to ensure that all your constitutional and legal rights are protected. After all, the quantum of proof required to indict you is “proof beyond reasonable doubt”. In addition, there is a presumption of innocence in your favor so the burden of proving the commission of a crime or felony in the Philippines lies with the prosecution. Nonetheless, your criminal defense lawyer will have to show a solid defense.

If you need help in defending yourself against criminal prosecution in the Philippines, call us at +632 84706126 or +632 84706130 or visit our website www.ndvlaw.com. Our Philippine criminal defense lawyers and paralegals may be able to save you from criminal prosecution.