Frequently Asked Questions About Criminal Law

Frequently Asked Questions (FAQs) About Criminal Law

What Is Criminal Law?

Criminal law defines criminal offenses and the punishment of individuals and groups who commit crimes using a system of legal rules. Only the government can initiate a criminal proceeding; individuals can not file criminal charges.

Broadly defined, criminal law refers to state and federal laws that regulate and define what makes certain behavior illegal and the resulting punishment for committing a crime, such as a fine, prison time, or both.

Criminal law oversees felonies and misdemeanors. Felonies are serious criminal offenses like robbery, arson, and murder. Misdemeanors are typically more minor, like petty thefts or traffic violations.

Penalties for a crime will vary based on the type of crime committed, where it was done, how involved the person was in the crime, and if it was a first criminal offense.

What Is the Difference Between a Felony and a Misdemeanor?

Felonies are serious crimes punishable by imprisonment of more than a year or, in some cases, the death penalty. Examples include murder, robbery, and certain drug offenses. Misdemeanors are less severe and typically result in jail time of less than a year, fines, or community service. Common examples are petty theft, simple assault, or trespassing. The classification of a crime can significantly impact sentencing and other legal consequences.

Can I Be Charged with a Crime Without Being Arrested?

Yes, you can be charged without being arrested. Law enforcement may investigate a case and submit it to the prosecutor, who can decide to file charges. In such cases, you may receive a summons or be notified of charges through other means. It’s important to seek legal counsel immediately if you’re notified of criminal charges.

What Should I Do If I Am Arrested?

If you are arrested, remain calm and exercise your right to remain silent. Avoid providing statements without an attorney present. Politely request legal representation and comply with lawful instructions. Anything you say can be used against you, so consult an attorney as soon as possible.

What Is a Plea Bargain?

A plea bargain is an agreement between the defendant and prosecutor where the defendant pleads guilty to a lesser charge in exchange for reduced penalties. This can avoid the time and expense of a trial. While plea bargains can be beneficial, they may not always be in your best interest. Consult an experienced attorney before accepting any deal.

What Is Probation and How Does It Work?

Probation allows a defendant to serve their sentence under supervision in the community rather than in jail. It often comes with conditions such as regular check-ins, community service, or substance abuse counseling. Violating probation terms can result in additional penalties, including jail time.

Can Criminal Records Be Expunged or Sealed?

In many states, certain criminal records can be expunged or sealed, meaning they are not accessible to the public. Eligibility depends on factors such as the type of offense, time passed since the conviction, and your criminal history. Consulting an attorney can help determine if you qualify for record expungement or sealing.

What Is the Role of a Criminal Defense Attorney?

A criminal defense attorney represents individuals accused of crimes, ensuring their rights are protected. They investigate the case, negotiate with prosecutors, and provide representation in court. Their goal is to secure the best possible outcome, whether through dismissal, reduced charges, or a favorable trial verdict.

How Do Bail and Bond Work?

Bail is a financial guarantee to ensure a defendant appears in court. If bail is set, the defendant can pay the amount or use a bond service. Bonds involve paying a non-refundable fee to a bail bondsman who covers the bail. Failing to appear in court can lead to forfeiture of bail and additional charges.

What Are My Rights If Accused of a Crime?

If accused of a crime, you have the right to remain silent, the right to an attorney, and the right to a fair trial. You also have protections against unreasonable searches and seizures under the Fourth Amendment. Understanding your rights is critical to ensuring fair treatment in the criminal justice system.

These articles are for general informational purposes only and are not legal advice. Contact us today to discuss your specific situation.