Criminal law involves the process by which
individuals (and in some instances, businesses)
are alleged to have violated certain rules that
have been enacted to protect members of society.
The rules of the federal government and all
individual state governments are codified into
statutes. When an individual violates the rules
as listed in the statutes, then the federal
government or the state may prosecute the
alleged wrongdoer. However, the wrongdoer is
presumed innocent until proven guilty beyond a
reasonable doubt.
Criminal defense is all about making sure the
alleged wrongdoer’s rights are not violated
and ensuring that the prosecutor meets that
burden of proof before a punishment is doled
out. If the prosecutor cannot meet that burden
of proof then the alleged wrongdoer must be
found not guilty of the alleged violation.
Some alleged violations are more serious than
others. Misdemeanors are generally considered
more minor infractions, while felonies are
typically much more serious. However, in any
situation where the possible punishment could be
incarceration, the accused is entitled to a jury
trial. A jury decides the facts of the case,
while a judge decides the law that applies to
the case. In some instances an accused may only
be entitled to, or may prefer to, have a judge
decide all the issues in a case. That is called
a bench trial. If a person is found guilty of
the crime he or she was accused of committing a
judge will decide the proper punishment.
Typically, the judge is guided by certain
sentencing guidelines that have been prescribed
by the legislature. In “capitol” cases a
jury may be asked to decide if a convicted
murderer is eligible for the death sentence.
Those who are accused of a crime are entitled to
have an attorney represent them. They also have
a right to remain silent so that their own words
are not used to incriminate them.
If you or a loved one has been accused of a
crime, call Attorneys911 at
our toll free number, (800) 300-0001 or submit
an online questionnaire. The initial
consultation is free of charge, and if we agree
to handle your case, we will work on a
contingency fee basis (excludes Criminal Cases),
which means we get paid for our services only if
there is a monetary recovery of funds. In many
cases a lawsuit must be filed before an
applicable expiration date, known as a statute
of limitations so please call right away to
ensure that you do not waive your right to
possible compensation.
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