Unlike civil law, which involves private law suits between
two or private entities; Criminal Law involves prosecution by the state or federal government of a person or business for an act that has been classified as a crime.
Any act or omission of an act in violation of a public law forbidding or
commanding it is considered a "crime." With the exception
of strict liability crimes, most crimes consist of three elements:
An act (actus reus)
A mental state (mens rea)
The intent to do social harm.
Crimes are classified as "misdemeanors" (less serious offenses that are normally punishable by a fine like some traffic violations, petty theft, or possession of a small amount of marijuana) and "felonies" (more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder).
In criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil law suit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. But, the prosecutor in a criminal law case has to prove to the judge or jury "beyond the shadow of a doubt" that the defendant is guilty of the crime charged.
If you're arrested...
You may be entitled to a court appointed attorney at public expense if you qualify as an indigent person. An indigent person is one who cannot hire an attorney without causing substantial hardship to himself/herself or dependent family.
If you have been charged with a crime, you may complete an Affidavit of Indigence and Request for Court Appointed Counsel at your first court appearance. If you qualify, an attorney will be appointed for you. If you are convicted of a crime, the court may require you to repay some or all of the cost of your defense if it determines you are able.
Should I hire a lawyer?
Due to the very serious nature of criminal law and because few people qualify for a court appointed attorney at public expense, it's probably in your best interest to hire a criminal defense lawyer.
Know Your Rights
Nothing is more frightening than being arrested. You do have important rights. You have an absolute right not to testify. You should not make any statement to any law enforcement officer. Also, you should not talk to any other person except for a lawyer.
Any person except for a lawyer may be made to tell the police and the court what you have said about this case. You may have other important rights. The law enforcement officer may not have probable cause to stop you. Once you were stopped, there may have been an improper search or an improper series of questioning against you. There may not be sufficient evidence to go forth with the case against you.
You have other important legal rights. If you were arrested, please contact us so we may discuss your rights and your possible defenses to the charges against you.
A felony charge is the most serious charge. For felonies, you can be sentenced to the Department of Corrections for anywhere from one year to life depending on the charges. In certain cases, you may also be subject to the death penalty.
If you are convicted of a felony, you will lose your right to vote and other important civil rights. If you are charged with a felony, do not go it alone. Please call us to discuss how we can help you deal with these very serious charges.
Many people’s only contact with law enforcement would be a charge of driving under the influence. There are many defenses and strategies to fight for your rights if you are charged with a DUI.
The breathalyzer machine may not have been properly certified or working. The Law enforcement officers may not have followed the proper procedures for making a determination as to whether you were under the influence. Therefore, please contact us immediately.
Unlike civil law, which involves private law suits between
two or private entities; Criminal Law involves prosecution by the state or federal government of a person or business for an act that has been classified as a crime.