What is the urgent suspicion in the context of pre-trial detention?
An urgent suspicion exists if, according to the current state of the investigation, there is a high probability that the accused person is the perpetrator or participant of an unlawful and culpable criminal offense. An attorney will therefore check whether, on the basis of certain facts, and not just assumptions, there is a high probability that the accused has been prosecuted. By good reasoning, a criminal lawyer specialized in criminal law can often refute the evidence presented by the prosecutor. In the context of, for example, personal injury offenses, a lawyer must regularly check whether the accused has acted for example in self-defense. In the case of self-defense, any criminal offense of the accused would be justified, which would eliminate the urgent suspicion. A lawyer must also take into account that the urgent suspicion must always be measured against the respective result of the investigation. This means that an originally existing, urgent suspicion can be omitted in the further investigation. Therefore, a lawyer will first regularly check the further investigations of the police and the prosecutor. A previously not heard relief witness can eliminate the urgent suspicion with his statement. A criminal lawyer must decide on a case-by-case basis if it makes sense to name a witness. that the urgent suspicion must always be measured by the respective result of the investigation. This means that an originally existing, urgent suspicion can be omitted in the further investigation.
For more information visit Mark C. Cogan, PC a criminal law firm in Portland.