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Criminal Defense Overview

Criminal Defense Overview

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Since 1992, the likelihood of an arrest leading to a conviction has generally risen. Although some defendants think that they can "beat the system" on their own, having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic.

Frequently Asked Questions About Criminal Defense

Q: Do I need a lawyer's help if I am accused of a crime?

A: It is in your best interest to consult a criminal defense lawyer as early as possible if you suspect you will be facing the criminal justice system. Whether or not you believe you have been wrongfully accused, an attorney will fight for your legal and constitutional rights, and monitor the proceedings for legality and fairness. If you cannot afford an attorney, you may be eligible for free legal counsel.

Q: What is the difference between a felony and a misdemeanor?

A: Exact definitions may vary by jurisdiction, but the traditional definition of a felony is a crime that is punishable by a year or more in jail. A misdemeanor is a crime that is punishable by imprisonment of less than one year. Felonies are more serious crimes than misdemeanors.

Criminal Defense - An Overview

The criminal justice system can be overwhelming and frightening. The incarceration rate in the United States is much higher than that of many other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal defense lawyer as early in the process as possible, preferably even before questioning or investigation by the police. A criminal defense lawyer can fight to protect your legal and constitutional rights. Don't delay. Call today to schedule a consultation.

Due process

Our criminal justice system is complex, both conceptually and procedurally. To ensure the fairness of the proceedings, each federal, state, tribal and local court system has its own rules of criminal procedure that govern the actions of all players: police, defense lawyers, prosecutors, judges and juries.

The U.S. Constitution requires that criminal defendants be accorded due process of law in all proceedings against them. Broadly, this means that throughout the criminal justice process the rules of criminal procedure must be observed with all constitutional protections in place. Due process requires such things as reasonable notice of proceedings and fair hearings when a person is facing substantial negative consequences, such as incarceration.

Stages of a criminal case

Investigation: During a criminal investigation, of a crime, the police review the facts, interview witnesses and gather evidence against suspects. If the police uncover enough evidence, they can ask a judge to sign an arrest warrant for a suspect.

Arrest and bail: After being arrested, a suspect will go before the judge, who will either set bail or decline to set any bail so that the suspect must remain in jail until trial. Bail is an amount of money that the suspect must post so that he or she can get out of jail. The amount of bail depends on a number of factors, including the severity of the crime of which the suspect is accused, the strength of the prosecution's case, whether the suspect has a criminal history and whether the suspect is a flight risk. If the suspect shows up for future court dates, the bail money is returned. If, however, the suspect doesn't show up or flees, the court will keep the money and issue an arrest warrant.

Arraignment: The accused first appears before the judge at an arraignment. At this proceeding, the judge informs the accused of the criminal charges against him or her, asks the accused whether he or she has an attorney or wants a court-appointed lawyer, asks how the accused will plead to the charges, determines whether to modify the initial amount of bail and sets a schedule for future court dates.

Preliminary hearing: In felony cases, a judge or magistrate will hold a preliminary hearing during which the prosecution must show that there is enough evidence supporting the charges against the defendant so that the case can proceed to the next stage. This hearing is an adversarial proceeding and the defendant's attorney has the right to cross-examine the prosecution's witnesses. It is also sometimes called a "preliminary examination" or "probable-cause hearing."

Plea bargaining: Sometimes a criminal defendant and the prosecution can negotiate an agreement that resolves the criminal matter. Usually, the prosecutor agrees to reduce a charge, drop some of multiple charges or recommend a more lenient sentence in exchange for the defendant's guilty plea, often to a lesser offense.

Trial and sentencing: At trial, the prosecutor and defense attorney will give opening and closing statements, introduce evidence and question witnesses. If a defendant is found guilty, the court will impose a sentence that may include incarceration, fines, court costs, restitution and probation. For minor crimes, the sentence may be issued right away. For serious crimes, the prosecution and defense will submit evidence and make arguments about what the appropriate sentence should be. In some states, a judge will decide the sentence. In other states, sentencing is completely separate from the trial, with a different jury determining the sentence. During this separate sentencing phase, the prosecution will present aggravating factors to argue for a harsher sentence and the defense will present mitigating factors in favor of a lesser sentence. Also, before the sentence is issued, the defendant normally has the right to allocution, which is the right of the defendant to address the judge directly. Allocution may be a chance for the defendant to apologize, show remorse or explain his or her actions.

Contact a criminal defense lawyer

To better protect yourself throughout your involvement with the criminal justice system, consult with an informed, knowledgeable criminal defense attorney. Your lawyer can work hard on your behalf to see that protections afforded criminal defendants are observed for you.

Copyright 2014 FindLaw, a Thomson Reuters business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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