FAQ 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?
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?
What Is a Plea Bargain?
What Is Probation and How Does It Work?
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?
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?
The Police are Here: Now What?
If the officers claim to have a warrant, ask them to slide it under the door or hold it up to a window so you can inspect it. A valid search warrant must list the specific address to be searched and the items the police are authorized to seize. An arrest warrant allows entry only if the police reasonably believe the person named in the warrant is currently inside the residence.
If the police do not have a warrant, you have the right to withhold consent for them to enter or search your property. Clearly state, “I do not consent to a search”. Even if the police enter anyway, do not physically resist; instead, state your objection clearly to preserve your legal rights for court. Throughout the interaction, you may exercise your right to remain silent. You can simply say, “I am exercising my right to remain silent and will not answer questions without an attorney”.
How Does Detention and Sentencing Work?
Detention is the period when an individual is held in legal custody, often beginning with a “stop” based on reasonable suspicion or an arrest based on probable cause. If a person is arrested, they may face pretrial detention, where they are held in a local jail until their court date. During this stage, a judge typically holds a hearing to determine if the individual can be released on bail—a financial deposit ensuring their return to court—or if they must remain in custody as a flight risk or a danger to the community.
Sentencing occurs only after a defendant has been found guilty through a trial or has entered a plea bargain. This is the formal phase where the court determines the legal penalty for the offense. In the U.S. justice system, judges do not have unlimited discretion; they must follow specific sentencing guidelines that consider the severity of the crime and the defendant’s prior criminal history.
The final sentence is a combination of these legal frameworks and specific case details, such as “mitigating factors” (like showing remorse) or “aggravating factors” (like the use of a weapon). Common outcomes include:
- Incarceration: Serving time in jail for minor offenses or state/federal prison for more serious felonies.
- Probation: Court-ordered supervision within the community instead of serving time in custody.
- Fines and Restitution: Financial penalties paid to the state or as compensation to the victims.
These articles are for general informational purposes only and are not legal advice. Contact us today to discuss your specific situation.