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 Burglary of a Habitation?

Burglary of Habitation 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 are…

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…

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...

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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...

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Boating Under the Influence (BUI)

There are about 17 million boats currently being used in the United States, which has 95,000 miles of shoreline, about 25,000 miles of navigable inland waterways, and 14 million acres of lakes. That's a lot of boats on a lot of water. Every year, thousands of boating accidents occur, many of them involving serious injuries...

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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 all the way up to first-degree murder.  A criminal defense attorney must understand the different levels of crimes: That some are felonies and some are misdemeanors, and that there are different...

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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...

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Defending Entrapment Charges

What Is Criminal Entrapment? Entrapment causes an otherwise innocent person to perform a criminal act for the purposes of prosecution; entrapment can only be committed by a government agent and in order to prove that entrapment took place, several other facts must be established. If a defense attorney can prove an entrapment existed, the defendant...

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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...

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DUI Lawyers

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

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DWI – DUI Laws

Driving under the influence, or DUI for short, is the term given to the act of operating a motor vehicle while intoxicated. Though most cases of DUI deal with persons who are under the influence of alcohol it is also illegal to operate a vehicle while under the influence of marijuana, cocaine or any other...

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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...

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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,...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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Property Crimes

A criminal lawyer can defend you or a loved one is accused of wrongfully taking or possessing another person's property without their expressed consent. Property crimes are usually not considered to be violent crimes, though sometimes violence comes with the taking of property. Usually, property crimes involve the taking of expensive or costly items and...

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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...

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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...

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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...

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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...

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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.