What is Criminal Law?
Criminal law is a type of law involved in punishing people for committing crimes against the state. Crimes against the state include many types of infractions of the law. In the US a criminal justice system is set up in order to rectify crimes and to ensure that they do not continue to happen. Criminal justice can be meted out with something as minor as a warning or fine to penalties as serious as the death penalty.read MoreIn the US, defendants suspected of committing some criminal act can either pay for a lawyer on their own or have a court-appointed public defender commissioned at the expense of the state.
Criminal charges may be filed against someone because of testimony given by another person or persons. Criminal charges may also be filed against someone with no testimony or accusation as well, usually initiated by some law enforcement department official.
The notion of “innocent until proven guilty” is the key component of the US Criminal Justice system. Therefore in criminal proceedings, the burden is on the prosecutor to prove the crime occurred beyond a reasonable doubt. It is important, therefore, to retain legal counsel that has years of experience in trying similar cases as yours. Criminal cases tend to be complex and highly complicated legal matters.
If you or someone you know is involved in a criminal legal matter, you must contact an experienced criminal law lawyer immediately. Through this website, you have access to the best criminal lawyers around the country. Submit your case for a free, no-obligation consultation or learn more about a particular aspect of criminal law.
Criminal Law Articles
What is Unlawful Restraint (M) Texas?
Understanding Unlawful Restraint (M) Charges in Texas Unlawful restraint is a serious crime that is taken very seriously in Texas. It is a crime that involves the intentional restriction of…
Felony Third Degree Texas
Texas 3rd-Degree Felony Felony charges are serious and can have long-lasting impacts on your life. In Texas, there are three degrees of felony charges, with third-degree felonies being the least…
Class A Misdemeanor – Texas Law
Charged with a Class A Misdemeanor in Texas? Being charged with a Class A Misdemeanor in Texas can be a serious matter. The legal process can be confusing and overwhelming,…
Citizen’s Arrest
Are Citizens Arrests Legal? The concept of a citizen’s arrest is not new, but it’s one that’s often misunderstood. In certain situations, an individual has the right to detain someone…
Mutual Combat Laws
Mutual Combat Laws: Where Are They and What Do They Mean for MMA Fighters? Mixed Martial Arts (MMA) is a combat sport that has gained immense popularity. However, MMA fighters…
Class A Misdemeanor Tennessee
Consequences of Class A Misdemeanor in Tennessee Legal trouble is never something anyone wants to go through. Whether it’s a traffic violation or something more severe, it can be a…
What is a Class E Felony in Tennessee
Tennessee Class E Felony Offenses, Penalties If you’re facing a Class E felony in Tennessee, it’s important to understand the potential consequences. In Tennessee, felony offenses are categorized into different…
Top 10 Best Austin Criminal Lawyers
Best Criminal Lawyers in Austin If you are facing criminal charges in Austin, Texas, it is crucial that you hire a good defense attorney to represent you. No matter how…
What is Criminal Mischief?
Criminal Mischief or Vandalism is a serious offense that can carry hefty consequences. It is the intentional and malicious destruction of another person’s property and can be punished as either…
New Probation Law in California
California Misdemeanor & Felony Probation Laws California passed a new law that went into effect on January 1, 2021. The new law reduces the maximum length of probation possible for…
Can You Make a Citizen’s Arrest in California
Making a Citizen’s Arrest in California In most situations, an arrest made without an arrest warrant for a misdemeanor offense that was not committed in the presence of police is…
Is Pepper Spray Legal in California
Pepper Spray Laws in California In California, pepper spray is considered an approved form of non-lethal self-defense. Under the Penal Code section 244.5, it is legal to possess and use…
Aggravated Assault in NJ
New Jersey Aggravated Assault Charges Aggravated assault charges don’t always stem from violent or dangerous altercations. Most people think of aggravated assault as an act of violence or aggression threatening…
Are Brass Knuckles and Switchblades Illegal in NJ
Possession of Switchblades, Daggers, Stilettos, Billy Clubs, Blackjacks and Brass Knuckles -Illegal in New Jersey A New Jersey statute prohibits an individual from “knowingly” possessing certain weapons, including a gravity…
Is Supervised Release the Same as Probation?
Supervised Release vs. Probation vs. Parole Supervised release is a period during which a person is required to serve under the supervision of a probation officer after completing a prison…
Difference between Blackmail vs Extortion
Extortion vs. Blackmail – What’s the Difference? Blackmail and extortion are criminal offenses involving threats to gain something of value from another person. However, there are some critical differences between…
Online Solicitation of a Minor in Texas
Texas Online Solicitation of a Minor Online solicitation of a minor (§ 33.021) is a severe offense in Texas. It involves an offender communicating with a minor online to engage…
An Explanation of Disorderly Conduct in Arizona
Arizona ARS Disorderly Conduct Charges If you cause a disturbance and law enforcement is summoned to the scene, you will likely be charged with disorderly conduct. This is a catch-all…
Advice for Male Victims of Domestic Violence
Domestic Violence Against Men The National Domestic Violence Hotline reports that nearly one-third of women and one-tenth of men have experienced stalking and domestic or sexual violence at the hands…
What is Burglary of a Habitation?
Burglary of Habitation Meaning Most individuals have a rough understanding of what burglary is. However, definitions and classifications differ by state. The definition in Texas is broad, and the consequences…
Teen Sexting – Is It Child Pornography?
While reviewing some news articles, I stumbled across one discussing a hot topic or issue. The article was discussing teen sexting and the possible ramifications and implications of teenagers sending…
Homicide Charges
Homicide, as a word, comes from the Latin words homo, meaning man, and caedere, meaning to kill. Homicide is the term used to cover all incidents in which one person…
Second Degree Murder Charges
What is Second Degree Murder? Second Degree Murder is classified as a type of murder, which is an act that results in the premeditated, deliberate, purposeful, and premature termination of…
First Degree Murder Charges
What is First Degree Murder? First Degree Murder is classified as the premeditated, purposeful, illegal, and deliberate execution of an individual at the hands of another individual. First Degree Murder…
Criminal Law – Your Rights
Your Constitutional Rights In Criminal Law, there are certain Constitutional Rights that appear so regularly that it is important for people to understand them. Often, people assume that they understand…
California Felony-Murder Rule
Felony-Murder Rule in California The California felony-murder rule attaches criminal liability to anyone who kills another human being during the commission of an inherently dangerous felony. The rule was established…
How do you bond out of jail?
How to Bond Out of Jail When someone is arrested, their first priority is likely going to be getting out of jail as soon as possible. The best way to…
What to do if you miss a court date
I Missed My Court Date, What Should I Do? If you have missed a court date for a criminal matter, you should consult with an attorney as soon as possible…
Michigan Drug Charges
Drug charges in Michigan generally fall into one of four categories: Use, possession, delivery or manufacturing of a drug. Once the drug has been placed into one of those four…
Substance Abuse Treatment Programs Are Failing
Many approaches to alcohol and substance abuse problems today fail to work. “And chances are, it’s not your fault,” according to a well-known science and medical writer Jane Brody. Brody…
Teen Shoplifting: Causes and Consequences
What to Do if Your Teen Was Caught Shoplifting Teen shoplifting accounts for approximately fifty percent of all shoplifting cases in the United States. Though teen shoplifting accounts for the…
Search and Seizure
The fourth amendment of the United States Constitution was established to protect citizens from unreasonable search and seizure. The fourth amendment limits the police’s power to make arrests, search people…
Property Crimes
Property Crime: A Comprehensive Overview Property crimes are acts of theft or damages to another person’s property without the use of force or threat. Common property crimes include burglary, larceny,…
Types of Felony
Felony Types In the criminal justice system, felonies are the most serious type of offense, carrying heavier penalties and longer prison sentences than other types of crime. Although there are…
Defending Entrapment Charges
What Is Entrapment? Entrapment is defined as the inducement of a person to commit a crime that they would otherwise have been unlikely to commit. It is considered a form…
Criminal Defense Process
If you’re dealing with the criminal justice system because of an arrest or investigation, it’s in your best interest to understand the criminal defense process. Of course, there are differences between the federal and state versions of the criminal defense process, and there are significant variations among the 50 states. However, the basics of the criminal defense process are similar across the U.S.
Investigation or Arrest
Before an arrest for a crime, an individual may be the target of an investigation by law enforcement officers, and may even be under surveillance. At such an early point in the criminal defense process, it’s wise to seek the counsel of an experienced criminal attorney. Law enforcement officers (whether police, sheriff, federal agents, Coast Guard, etc.) sometimes overstep their authority.
In other cases, officers make an arrest without an investigation. An alleged crime may have been observed by law enforcement, or the arrest may be done based on other information. A person’s constitutional rights must be protected throughout the criminal defense process, and at the time of arrest, a person has the right to remain silent, and the right to contact an attorney.
Charges and Bail
After the arrest, law enforcement officers put the arrested person through some type of booking process. A prosecutor makes a decision regarding what crime or crimes the individual will be charged with. At the charges stage, a person has the right to know exactly what charges are being brought against him or her.
A person who has been arrested will probably have the opportunity to make bail by posting money or a bond as a surety for his or her future appearance in court. Before any money or bond is posted as bail, the person in custody should contact an attorney who is familiar with the criminal defense process in that specific locale.
Hearings, Trial, Pleas
After a prosecutor decides on the criminal charges, a criminal defense attorney representing the accused person may be able to negotiate to get the charges reduced or dismissed. It the charges are not dismissed, the next stage may be a preliminary hearing, a probable cause hearing, or a trial. At these steps in the criminal defense process, a defense attorney will strive to minimize the negative consequences for the defendant.
Sentencing
If a trial does not result in an acquittal (a not-guilty verdict), a defendant should be aware that there are widely differing guidelines for sentencing. These differences are based on the severity of the crime, the circumstances of the crime, the defendant’s past criminal record, and other factors. A criminal defense attorney can inform a defendant of the possibilities that can be expected, but the final decision about a criminal sentence is up to the judge.
More Criminal Defense Topics
Assault Charges
Battery Charges
Boating Under the Influence (BUI)
Criminal Defense Attorneys
Criminal Profiling
Domestic Violence Lawyers
DUI Lawyers
DWI – DUI Laws
Expungement
Federal Crime Defense
Felony Charges
Firearm Possession
Harassment Defense
Hate Crimes
Hit and Run Defense
Illegal Wiretapping
Probation Violation
Restraining Orders
Sex Crimes
Violent Crimes
White Collar Crime
Contact an Experienced Criminal Defense Lawyer Today
If you're dealing with the criminal defense process, it's wise to have a legal professional on your side. Consult a qualified defense attorney today to protect your rights and explore your options.