Criminal Law

Criminal law involves a system of legal rules designed to keep the public safe and deter wrongful conduct. Those who violate the law face incarceration, fines, and other penalties. The American criminal justice system is both complex, and adversarial in nature. With the exception of minor traffic violations, accused individuals will require the assistance of an attorney.

Specific crimes and the consequences for violating them are found in penal codes enacted by legislators at the local, state, and federal levels. Less serious crimes are classified as misdemeanors. These typically carry a maximum of up to one year in the county jail. Examples include petty theft, possession of small amounts of controlled substances, and first-offense drunk driving.

Crimes of a more serious nature are classified as felonies. These carry punishments of a year or more in state or federal prison. Felonies include violent crimes like murder, burglary, and rape, as well as white collar crimes like embezzlement and money laundering.

What Happens After You Are Charged With A Crime?

Criminal procedure varies depending on the state or court in which  the person is charged. A criminal case is typically initiated either by a  prosecutor filing a criminal complaint or through a grand jury  indictment.

Generally speaking, someone can expect their case to procced as follows:

• The defendant is arrested or a summons to appear is issued
• Charges filed or grand jury indicts
• Initial appearance and bond determination
• Plea bargaining process between prosecutor and defense attorney
• Motions filed, hearings held
• Jury or bench trial
• Verdict handed down
• Sentencing if the defendant is found guilty or if they plead guilty
• Post-conviction appeals

Protecting Your Rights
Each stage of a criminal prosecution presents traps for defendants who are not familiar with the court system. Criminal defense attorneys are trained to prevent their clients from doing or saying things that will increase the likelihood of conviction. But when legal counsel has not been hired or appointed, accused individuals can unknowingly waive their rights and harm their own interests.

In both misdemeanors and felonies, an arraignment will be held in open court. The judge will explain the nature of the charges to the defendant and ask for a plea. Without the assistance of an attorney, defendants will often plead guilty at this initial stage. By doing so, they are giving up important rights, as well as the opportunity to negotiate the terms of their sentence beforehand.

Speak With an Experienced Criminal Defense Attorney 

Being charged with a crime is a serious issue, and having a dedicated  defense attorney can make a huge difference in the outcome.  Defense attorneys know the ins and outs of the criminal justice system and can help by: 

• Explaining the charges against you
• Developing defense strategies
• Review evidence for constitutional rights violations
• Negotiating plea bargains with the prosecution
• Filing necessary motions with the court

An arrest and conviction can change everything. Fines or time in jail  are the immediate concern, but a conviction will also mean a criminal  record that can make it harder to find a job and housing for years to  come. If you are arrested or learn you are under investigation, the  first thing you should do is contact an experienced criminal defense attorney who can protect your rights, lay out your options, and help you  determine the best way to proceed with mounting a defense and limiting  potential penalties.