| |
Criminal Defense - An Overview
Criminal law deals with "public" wrongs as opposed to disputes between individuals. Governmental bodies, including the federal
government, states, and cities, define and prosecute crimes from traffic violations to felonies like rape and murder. The lawyers who represent the governmental bodies in pursuing charges against an individual are called the
prosecutors. The lawyers who represent the persons charged with a crime, or the defendants, are called criminal defense attorneys. If you have been charged with a crime, it is essential that you seek legal counsel from an
experienced criminal defense attorney at once so that you can preserve your rights and protect your future.
A crime must be clearly defined in order to pass scrutiny under the federal
Constitution, which prohibits the government from taking a person's life, liberty, or property without due process of law. A vague description of the crime or a lack of specific elements needed for committing the crime leaves a
person without knowledge of exactly what is prohibited. In order to be a crime, the prohibited conduct must include both a "mens rea" or guilty mind and an "actus reus" or bad act. Accidentally hitting somebody when you draw back
the baseball bat to swing at a ball is not a crime because it lacks the guilty mind. And wishing someone would drop dead is not a crime because it lacks the bad act. "Attempt" crimes, like attempted murder, appear to be an exception
to this rule, but even those types of crimes require some overt act taken toward committing the ultimate crime in order for prosecution to move forward. Criminal defense attorneys can clarify these and other seemingly confusing
terms and take some of the mystery out of a frightening situation.Criminal Defense Procedure All lawyers involved in the criminal justice process,
whether they are prosecuting or defending, must adhere to a complex set of rules of criminal procedure to ensure a fair trial. Because of this complicated procedure, only lawyers experienced in criminal defense law can effectively
navigate the intricacies of the criminal justice system on behalf of the accused. Defense lawyers should become involved in the matter as early as possible, usually even before police interrogation begins. The police have the obligation
to inform possible defendants of their right to counsel and the right to have counsel appointed by the court if they cannot afford to pay for one with their own resources. Most people have seen these warnings-often called "Miranda"
warnings based on the case that made them mandatory-in television "cop" shows and crime dramas. Juvenile crimes are handled by a separate criminal system, which uses a less formal method of
adjudication. Some defense lawyers handle both adult and juvenile criminal cases, while others focus on one type of representation.Criminal Defense Attorneys Can Negotiate Plea Agreements
Sometimes, after a person is charged with a crime, the charges will be dropped as a result of the defense attorney's negotiations with the prosecutor. In other cases, the prosecutor will agree to drop more
serious charges if the defendant agrees to plead guilty to lesser charges. The criminal defendant always has the final word, however, on whether to accept a plea agreement. If the defendant is
convicted of a crime, he or she may receive probation, have a fine imposed, be ordered to perform community service, be ordered to make restitution or pay back the losses caused by the criminal acts, be sentenced to a term of years
in prison, or even be sentenced to death, depending on the severity of the crime. An experienced criminal defense attorney can work with the prosecutor to negotiate a deal that provides for the least severe punishment or, if no deal
is worked out, the defense lawyer can zealously represent the defendant in court, attempting to prove to the jury that the prosecutor cannot prove beyond a reasonable doubt that the defendant committed the crime.Conclusion Being accused of a crime is a frightening and stressful event. Even in the most minor cases, it makes sense to secure competent and knowledgeable
counsel who can help streamline the criminal justice process, provide zealous representation, and minimize the impact on the criminal defendant's life. If you or someone you know has been charged with committing a crime, do not delay in
contacting an experienced criminal defense attorney.
|
|
|
HOME
HELP NOW
OVERVIEW
FAQ
LINKS |
