Why you should choose Right To Law Firm in criminal defense bail proceedings

If you live in Noida or nearby places, or you know someone who lives in Noida and requires criminal lawyers for getting bail or anticipatory bail, then you can choose Right To Law Firm as legal assistance in this process. We have a team of criminal lawyers who have years of experience handling the process of bail and anticipatory bail. Our firm’s lawyers not only help to handle the bail proceedings but they also provide legal assistance in the surrounding processes of the bail, like defending the accused in court or handling the process according to the judicial timeline. 

Experts assistance 

Our firm’s lawyers can handle bail and anticipatory bail efficiently and govern this process in the High Court and session court. Lawyers with in-depth knowledge of the provisions of Sections 437, 438, and 439 of the IPC make tailor-made plans to handle client bail and anticipatory bail proceedings. 

Quick handling 

In criminal matters, arrest can occur unexpectedly and sometimes unknowingly to the accused; for this, quick handling of these matters is necessary. Our firm’s criminal lawyers are experienced in filing anticipatory or regular bail claims in a short period of time as required in bail proceedings. In this situation, a slight delay can directly affect the fundamental rights of the accused and they can face arrest and custody. 

Court representation 

Our firm’s lawyers effectively represent accused bail matters in court. Bail matters mainly occur quickly due to these lawyers’ need to think quickly and present themselves as composed under the pressure. To handle this situation, lawyers use skills like quick thinking, effectively presenting the accused side in the court and accurate responses to the arguments of the opposite party. Our firm’s lawyers are skilled in the prompt filing and effective presentation of clients’ cases in court. It significantly increases the chance of getting bail for the clients.

Drafting 

Drafting a bail application is one of the prominent factors in the proceedings and it needs to accurately mention the case facts and applicable legal grounds concisely. Our firm’s lawyers have expertise in drafting bail applications; they mention the case factors and legal grounds effectively, which helps to present the case in the accused’s favor, which increases the client’s chances of getting bail. 

Client-centered services 

We understand that facing the sensitive allegations related to criminal activity is impacting the client’s social status. We handle this sensitive matter with the utmost care for client confidentiality and handle details with the utmost care to maintain their data security. Our lawyers give clients honest advice on their legal matters and always provide client-centered services. 

Legal Defense in IPC

Legal defense in IPC means doing an illegal activity to protect yourself, another person, or property or to prevent any criminal activity. In the Indian Penal Code of 1860, Sections 96 to 100 deal with the provisions of the right to defense; this right is available for each Indian Citizen. As per the definitions of private defense in the IPC, when illegal activity is committed in the right of private defense, it  is not any offense. Simply, any injury or harm caused to another person by you in the safeguarding of your safety or another person’s safety does not count as criminal activity under the IPC. Right of private defense only counts in situations where a person is in an extreme danger situation and not available or able to get access to state support. 

Limitation on the use of private defence 

• A person should not use more force to hit another person to repel an assault. For example, if a person hits you with a wooden stick, you can not use a deadly weapon under the right of private defense. 
• A person can use the right of private defense in the situation when the dangerous situation exists; once that dangerous situation has passed, the right of private defense ends. 
• A person can use the right of private defense in required situations, and the level of force should be appropriate for the level of danger in the  situation. However, a person can’t use a right of private defense in a simple suspect or conjecture situation. 

• In the rights of private defense, a person can not use a deadly weapon or force until they face a serious deadly threat or bodily harm from another person. 

• Persons can’t use the right of private defense for any preemptive strikes or revenge; simply, a person can’t hit another person for any previous threat under the right of private defense. 

Legal defense in NIA cases 

NIA cases mean matters that come under Section 138 of the NI Act. These are cases related to offenses of cheque bounce cases due to insufficient funds in the accused’s bank account. In this matter the burden of proof lies on the accused; handling these cases without legal support is a risky task. If you’re searching for lawyers to handle NIA matters, then choosing a Right To Law firm is the best choice. Our firm’s lawyers provide prominent defense strategies for the accused in NIA matters. 

• Accused can claim in court that the cheque was not issued for any payment of debt or liability. The cheque is only issued as a security deposit. Due to that reason, the cheque was not getting cleared. 

• Accused can say in court as a defense that the cheque was issued for the loan payment of unaccounted money. Uncounted cash matters are not covered under Section 138 of the Negotiable Instruments Act. 

• One more major defense for the accused is proving in court that their signature was a mismatch with the signature in the bank. Due to this signature mismatch reason, the bank stopped the payment of the cheque. It was not due to insufficient funds in the bank account of the accused. This reason is severely used by the accused as a defense in cheque bounce cases.

• Accused can prove in the court that funds are available in the bank account, but due to some other technical reasons, payment of the cheque was stopped. This case does not come under Section 138 of the NIA Act. 
• Accused can argue that the cheque was postdated or blank, but the cheque was misused by the opposite party; in some cases court grants relief on this defense to the accused. 
• If the cheque is presented beyond the time, meaning after the three months of the issued date, if this reason is proven, then also the court grants the relief to the accused. 

Legal defense in NDPS cases 

The NDPS Act, 1985, governs the cases related to illegal drug-related offenses. This act contains various crucial and complicated  terms and regulations; sometimes innocent people who are wrongfully  accused under it may face heavy penalties. To avoid this, the  accused in this case needs to hire a good, experienced lawyer to handle this matter. We have a team of lawyers in our firm, Right To Law, who have years of experience handling defense cases under the NDPS Act. 

• Questioning the authenticity of the search operations of the police, the accused can argue in the court that search operations done by police are not admissible and he was trapped in this crime. 

• Accused can argue in the court that the police arrested them for the drug-related crime without authorized permission. If the accused was in custody for more than the permissible period, then they can claim in the court that their fundamental rights have been violated and can request their release. 

• Accused can demand release in the court by arguing that under the NDPS Act, arrests happen based on the quantity of the drugs, and the prosecution is unable to prove the exact quantity of drugs found with the accused. 

• Accused can argue in the court that he was trapped in a fake case under the NDPS Act due to the false activity of another person for taking  past personal enmity or due to the misunderstanding of the  arresting officer. If the lawyers prove this situation in court, then the court will dismiss the accused. 
• If  the accused proves in the court that they are not a drug dealer but a drug addict. In this case, the court may order that the accused to be sent to the rehabilitation center instead of imposing punishment or penalties on the accused. 

Legal defence in POCSO cases 

The POCSO Act, 2012, governs the sexual offenses related to children. The  main aim of the act is to protect the children from pornography, sexual harassment, and sexual assault. Sometimes, due to misunderstanding of the various factors, a person may be falsely implicated in the POCSO cases. There are legal defense strategies available to help prove the innocence of the accused in these cases. 

• The accused provides evidence in court that shows they don’t have that mental state of recklessness, intention, and knowledge of the crime as per the mention in the POCSO Act. 

• The accused can argue in the court that there was no sexual activity happening with the child. The accused argues that no sexual activity occurred in the incident for which the police arrested them. 

• The accused question the testimony of the victims and claim that it is unrealistic, false, and lacks credibility; this testimony cannot be considered a reliable source for proving a crime. 

• The accused may argue that the evidence presented is false and not enough to prove that the crime was committed by them or may claim that no sexual offense occurred against the child.

• The accused can argue in court that they were falsely implicated in the crime due to a personal enemy or misunderstanding related to the incident for which they were arrested.

• The accused can provide evidence that they were not in that place when this child sexual crime was happening; for this, they can show proof and witnesses to prove their absence. 

• The accused can confront in the court that he has a misunderstanding about the victim’s age; the accused thinks the victim was a minor, and this sexual activity happened. 

Legal defence services provided by Right To Law Firm 

Legal advice 

Our firm’s lawyers provide advice to clients on private defense by explaining which charges they face, possible penalties, and which legal grounds they can use for proving their criminal activity as private defense. 

Investigation for defense strategies 

Our firm’s lawyers first study your case and gather the evidence, searching for witnesses and communicating with them, analyzing police reports and other related documents, and making strong defense strategies according to the requirements of the client’s case. 

Protection to client rights 

In the legal proceedings, our firm’s lawyers ensure that they protect the constitutional rights of the client and make sure the client is treated fairly in the criminal legal proceedings. 

Court representation 

We effectively represent the defense of our client in the court; our lawyers frivolously argue in the court on behalf of the client. We provide legal assistance for pretrial hearings, motions, trials and sentencing proceedings by presenting evidence and performing cross-examination of the opposite parties. 

FAQs – Criminal Defense and Bail Services