If you're facing charges, it's important to understand what to expect. By learning some of the basics of criminal defense, you'll give yourself the best possible chance of a desirable outcome.
Some criminal lawyers focus on a specific area of criminal defense law, such as white-collar crime, drug offenses, theft crimes, or violent crimes. You should consult with a criminal defense lawyer early on in the process to preserve options, such as diversion programs or plea bargains. Here is the definitive list of criminal defense attorneys near your location as rated by your neighborhood community. Want to see who made the cut? Finding the Criminal Law information you need is easy here on FreeAdvice’s award-winning site. In this section, you will find answers to your everyday legal questions about arrests, searches, convictions, appeals, criminal records, court proceedings, criminal defense lawyers, and much more. Lawyer referral services help people find lawyers. They can tell you about free or low-cost legal services in your area for people who qualify. If you do not qualify for free help, they can give you other information to help you find legal help that does not cost you a lot of money. Criminal Lawyers are able to provide clients with a valuable knowledge and understanding of the charges and implications of your actions. Why Should I Hire a Criminal Lawyer? If you are facing criminal charges, you should consult with a criminal lawyer to defend you through each stage of the criminal justice process. With the assistance of a.
Civil vs. criminal law
There are two types of laws in the United States, civil and criminal. In both cases, there is a plaintiff who initiates the complaint, and a defendant who defends against the complaint. Some complaints may have both criminal and civil components.
In a civil case, the plaintiff, or wronged party, is obligated to show evidence demonstrating that, more likely than not, there was a violation of civil law.While some civil cases are decided by a jury, most are decided by a judge.
Potential penalties in a civil case may include monetary damages or orders from the court to do or stop doing something.
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In a criminal case, the plaintiff is the government, because crimes are viewed as offenses against the state. The defendant is the person accused of committing the crime. Daewoo frg2120brw service manual pdf.
In a criminal case, the prosecution must prove guilt beyond a reasonable doubt, which is a significantly higher burden of proof than in civil cases. Criminal cases are often decided by juries, and penalties may include monetary damages or time in jail.
What are some common criminal defense strategies?
In a criminal case, the defendant is guaranteed access to a public defender if they cannot afford one, but a civil defendant must either pay for their own defense attorney or represent themselves.
A criminal defense attorney will decide on the best approach based on the specifics of the case. Common criminal defense strategies include:
- Arguing that the facts presented by the prosecution are untrue or fail to rise to the burden of proof
- Presenting an alibi which demonstrates the defendant could not have committed the crime because of where they were or what they were doing at the time it was committed
- Arguing that police coerced the defendant into committing the criminal act
- Arguing that the prosecution did not bring charges within the statute of limitations, or amount of time allowed by law, so the charges must be dropped
Federal vs. state crimes
For a case to be tried in federal court, it must involve the constitution or a law passed by congress. It must also fall within a relatively narrow jurisdiction, like immigration or copyright lawsuits.
Most cases involving private citizens are tried in state court, since state courts have broader jurisdiction. In many cases, both state and federal laws have been violated, so the plaintiff may choose whether to bring the case before a state or federal court.
Felony vs. misdemeanor crimes
While criminal offenses vary greatly in terms of severity, felony crimes are more serious than misdemeanors. In general, misdemeanors carry potential penalties of monetary fines and/or no more than 1 year in county jail, while the penalty for a felony may be a year or longer in state or federal prison. Non-violent crimes like shoplifting may be prosecuted as misdemeanors, while violent crimes like robbery or arson are felonies.
If you're facing civil or criminal charges, hiring a skilled criminal defense attorney is the best way to ensure you'll be well represented in court. Don't be afraid to ask questions and make sure you understand your rights throughout the criminal defense process.