What Is Criminal Law?
Criminal law consists of a system of legal rules designed to protect the public and deter wrongful conduct. When individuals break the law, they face consequences such as incarceration, fines, and other penalties. The American criminal justice system is complex and adversarial. Except for minor traffic violations, accused individuals need an attorney’s assistance.
Lawmakers at the local, state, and federal levels define specific crimes and the penalties for violating them in penal codes. Less serious crimes are classified as misdemeanors, which usually carry a maximum penalty of up to one year in county jail. Examples include petty theft, possession of small amounts of controlled substances, and first-offense drunk driving.
More serious crimes are classified as felonies. Felonies carry punishments of a year or more in state or federal prison. These include violent crimes like murder, burglary, and rape, as well as white-collar crimes like embezzlement and money laundering.
When questions arise about how criminal statutes should be interpreted, judges and lawyers refer to previous court decisions that address similar issues. This principle, known as “stare decisis,” holds that once a court issues a ruling on a particular set of circumstances, that decision serves as binding precedent for future cases.
Law enforcement agencies investigate alleged crimes. Procedural rules ensure that police officers respect the constitutional rights of the citizens they investigate. When a defense attorney challenges a criminal prosecution, the dispute often centers around procedural violations committed by the police.
Protecting Your Rights.
Each stage of a criminal prosecution presents risks for defendants unfamiliar with the court system. Criminal defense attorneys help clients avoid actions or statements that could increase the likelihood of conviction. Without legal counsel, accused individuals may unintentionally waive their rights and harm their own interests.
For example, after an arrest, law enforcement officers question a suspect about the crime. They inform the suspect of their “Miranda rights” (the right to remain silent and the right to an attorney) and may try to obtain a confession. Without a lawyer present, defendants often make incriminating statements that prosecutors will later use against them in court.
In both misdemeanor and felony cases, the court will hold an arraignment. The judge explains the charges and asks for a plea. Without an attorney’s guidance, defendants frequently plead guilty at this early stage. In doing so, they give up important rights and the chance to negotiate the terms of their sentence.
Discovery proceedings are another critical stage. This is when the defendant can require the prosecutor to hand over all the evidence law enforcement has gathered. In DUI and DWI cases, police reports, lab results, video recordings, and other items often determine whether the case settles or goes to trial. To make informed decisions, defendants must obtain this evidence.
If the state fails to offer a plea bargain that the defendant is willing to accept, the case proceeds to trial. This is the stage when the defendant’s attorney can question witnesses and present arguments to the jury. Handling a trial requires legal training to effectively cross-examine witnesses, follow the rules of evidence, and make persuasive arguments. After all, the outcome will determine whether the defendant walks free or goes to jail.
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