Criminal Defense

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 More

In 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…

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…

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

Assault is commonly defined as an attempt or threat of violence with the intent of causing another person harm. Assault differs from battery , which occurs when the act of violence is carried out. Though assault and battery are separate crimes, the two often occur at the same time, and as a result, they are...

read more >>

Battery Charges

Battery is the non-consensual, harmful, or offensive touching of a person or anything attached to that person, such as a wallet or purse. Unlike assault, the battery requires actual physical contact. Proof of damage from the injury is not always required for successful battery charges, but in most jurisdictions, proof of intent to cause harm...

read more >>

Boating Under the Influence (BUI)

Dangers of Boating While Intoxicated (BWI) Every boater needs to be aware of the risks associated with boating under the influence of alcohol or drugs (BUI or BWI). In every state, it is illegal to operate a boat while intoxicated, and the Coast Guard also enforces a strict federal BUI law. This law applies to...

read more >>

Criminal Defense Attorneys

Criminal Defense Lawyers A criminal defense lawyer defends a criminal defendant against criminal charges, ranging from a simple misdemeanor such as a parking ticket to first-degree murder.  A criminal defense attorney must understand the different levels of crimes: Some are felonies, some are misdemeanors, and different degrees of crimes carry different punishment levels. Criminal law...

read more >>

Criminal Profiling

Criminal profiling, also known as psychological, personality, or offender criminal profiling, involves identifying the perpetrator of a crime by analyzing the manner in which the crime was committed and the nature of the crime itself. Criminal profiling combines information about the criminal's personality based on all actions relevant to the crime, with other details and...

read more >>

Domestic Violence Lawyers

Family Assault Defense Attorneys Domestic violence law is a subsection of family law covering injuries inflicted by family members.  A domestic violence lawyer needs basic knowledge of psychology to understand family dynamics and the motivations of both victim and defendant. Domestic violence is the injury of another person in the home, usually a spouse or...

read more >>

DUI Lawyers

DUI stands for “Driving Under the Influence,” defined as operating a motor vehicle with a blood-alcohol content above a legal limit set by State law.  In states with a distinction, this is a lesser charge than DWI or Driving While Intoxicated.  Some States use DUI as a separate charge from DWI to indicate whether the...

read more >>

DWI – DUI Laws

Driving under the influence, or DUI for short, is the term for operating a motor vehicle while intoxicated. Though most cases of DUI deal with persons under the influence of alcohol it is also illegal to operate a vehicle while under the influence of marijuana, cocaine, or any other illicit drug that impairs your judgment...

read more >>

Expungement

Expungement of a record means that a criminal record is wiped from the slate. As a result, expungement makes the crime as if it never occurred. By successfully getting an expungement, each law enforcement agency will destroy their records of the crime. Expungement differs from getting a record sealed, which some people confuse the two...

read more >>

Federal Crime Defense

Federal crime is a violation of the laws passed by the US Congress. Trials of federal crimes are very different from state crimes: federal rules of evidence differ, and sentencing for federal crimes is governed by rules so complex that state attorneys are often unable to navigate them. Federal crimes are tried in federal courts,...

read more >>

Felony Charges

Felony charges are brought against a person or persons who commit a serious criminal act or omission that carries a greater punishment than a misdemeanor crime. Felony charges can be brought against a party for numerous types of serious crimes. The most common type of felony charges includes drug possession, aggravated assault (assault with a...

read more >>

Firearm Possession

Being charged with criminal possession of a firearm is fairly serious, and the possible prison sentence can be significant. A conviction of criminal possession of a firearm can lead to the individual's permanent loss of the right to possess deadly weapons, including hunting rifles. Each state has specific laws pertaining to the criminal possession of...

read more >>

Harassment Defense

Harassment occurs through words, conduct, or actions that appear to serve no legitimate purpose but to irritate, alarm, or cause emotional distress for the recipient. A large amount of focus has been placed on sexual harassment, especially in the workplace. With more awareness, harassment of all levels can hopefully be stopped. Many people that are...

read more >>

Hate Crimes

The Federal Bureau of Investigation (FBI) defines a hate crime or bias crime as a "criminal offense committed against a property or society motivated in whole or part by the offender's bias against a religion, disability, sexual orientation or ethnicity/national origin." Typical hate crime laws make illegal the use of force or the threat of...

read more >>

Hit and Run Defense

Any person who operates a motor vehicle and is involved in an accident is required by law to stop in a safe place, provide information to the owner of whatever property may have been damaged (car, property, person, etc.), and render aid to anyone who was injured if necessary. Those who cause property damage and...

read more >>

Illegal Wiretapping

Claims of illegal wiretapping charges were file recently against software vendors, phone handset manufacturers, and phone service carriers following troubling allegations that the companies have been engaging in the secret monitoring of millions of people's cell phones; that is illegal wiretapping. On Dec. 2, 2011, three separate lawsuits were filed against these various parties, accusing...

read more >>

Probation Violation

Probation is sometimes part or all of a criminal defendant's sentence. Probation allows an individual to remain a member of the community after his or her jail time (if any) has been successfully completed. A probation violation can send that individual to jail or have other adverse consequences. The courts are able to legally grant...

read more >>

Restraining Orders

Judges issue restraining orders when someone feels threatened that another person may do they harm. States have different laws about restraining orders, but other protection orders can be issued depending on the threat. If the individual that has been court-ordered to stay away violated the restraining order, there are penalties. A violation will generally mean...

read more >>

Sex Crimes

Sex crimes are most often state crimes, as opposed to federal crimes or violations of city or county ordinances. The legal penalties for being convicted of a sex crime are severe, and can include: Prison Probation Mandatory, lifelong sex offender registration Monetary fines Court-ordered rehabilitation Loss of the right to vote Loss of the right...

read more >>

Violent Crimes

The term violent crime refers to any type of crime in which a person threatens to use violent force upon another person. Violent crimes are very serious and come with harsh consequences that can change a person's life forever. If you've been arrested and charged with a violent crime, it is important to hire an...

read more >>

White Collar Crime

Being charged with a white collar crime can have a dire impact on a person's future. If convicted, they may be subjected to huge fines, face a long prison sentence, and suffer severe embarrassment. White collar crime refers to a wide range of nonviolent crimes committed by persons of stature in corporate settings for monetary...

read more >>

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.