Criminal Law

Probably the most famous area of police questioning when it comes to criminal law is the infamous "Miranda warning," which begins with the phrase, "you have the right to remain silent…" We've heard this phrase, often in its entirety, for decades on television police and crime law dramas, and we've seen what happens in the television courtroom when the Miranda warning wasn't read. Although some people believe their case will be thrown out of court if they aren't read their rights, this just isn't the case.

Generally speaking, police don't have to read anyone their rights unless they've been arrested or detained. For example, if you are stopped on the street and asked if you saw a crime that just took place, police wouldn't need to read you your rights. However, in most cases, you would be under no obligation to answer any questions either. While the police can't arrest someone simply for refusing to answer questions, if you're stopped by the police during a traffic stop, failure to show proper identification or to cooperate may result in your arrest. This is because at the time of the traffic stop, you may be suspected of committing a crime.

According to criminal law statutes, if you have been arrested and have consented to police questioning, you have the right to stop answering questions at any time, and of course, you have the right to have a lawyer present. If you have been arrested and have not been read your rights, it's possible that the information you give during questioning won't be able to be used in court; however, that is a different matter entirely from having the case against you dismissed. Of course, if the only evidence the police have against you stems from something you said without having your rights read to you, then it is possible your case would be dismissed for lack of evidence.

There are legal and illegal searches in criminal law, and while you must submit to legal police searches, illegal searches can result in any evidence against you obtained by an illegal search being thrown out of court. Sometimes, people consent to a search just because they think they have to, and this isn't always the case. However, automatically consenting to a police search may well result in whatever evidence that search produces staring you in the face in court.

There are situations where a police officer may conduct a search without your express consent. Sometimes, law enforcement must have a search warrant in order to conduct a search, but this isn't always the case. For example, if you are arrested during a traffic stop, the police may then search your car. Even if you are not arrested, if the police suspect that you may be armed or involved in criminal activity, they may be able to search your car, and they may even do what is called a "pat down" of you or your belongings.

It is best to comply with a police officer's request to search you or your belongings, even if you feel the search may not be legal. This is because you will later have the opportunity to discuss everything with your criminal law attorney and to challenge the search in court if need be. It will only serve to escalate an already tense situation if you try to tell them their job. While the police are in no way infallible, it just doesn't pay to challenge them on the spot.

Everything that happens in a crime law show on television goes out the window when you are the one being arrested. For some people, it is truly the scariest thing that will ever happen to them. The best thing you can do for yourself if you are ever arrested is to never, ever resist arrest. If you are asked to put your hands behind your back, don't argue. If you do, you could be charged with resisting arrest, or worse!

You and you alone, sometimes, know whether you are innocent or guilty of the crime for which you might be arrested. Despite the horror stories we hear of the innocent spending years and years behind bars, or worse, being put to death for crimes they never committed, generally speaking, innocent people aren't usually convicted or held in jail for a long period of time. Even though your heart may be racing, comply with the police officer's request and save your arguments for the court.

There are several different processes that take place after someone has been arrested. These include being booked, fingerprinted, searched, and ultimately arraigned. You may be able to be released on bail, which is an amount of cash you put up to ensure your future presence at court proceedings. If you don't show up to court after posting bail, your bail will be revoked and a warrant will be issued for your arrest. If you're not able to post bail, you will have to stay in jail until your trial, even if you are innocent; however, if you are found guilty, the time you spend in jail before your trial may be credited toward your final sentence.

If you are involved in a criminal law dispute, you will need to hire a criminal defense attorney. If you are unable to afford an attorney, one will be provided for you. However, it is the court and not you that decides whether or not you can afford an attorney. You may be required to submit a list of your expenses and your income, and even if the court does appoint you an attorney, you may still be held responsible for part of those costs.

Criminal law attorneys who are appointed by the court often suffer from a stigma that public defenders aren't good lawyers. This couldn't be further from the truth, however. For one thing, those that elect to go into public service are some of the most passionate, caring attorneys in the profession, who do so because they don't like to see people get a raw deal. In addition, almost all prestigious law firms and attorneys worth their salt perform a certain amount of "pro bono" work, whereby they contribute their services and the client is not charged.

People in all types of professions often contribute a portion of their services for free as their part of "giving back to the community." While it is true that you may not end up with a top notch lawyer if the court appoints you a criminal law attorney, it doesn't have to mean that you are getting a lawyer that barely passed the bar exam and is not good enough to get paying clients. It is important, though, that however you come by your attorney that you are honest with him or her and tell them everything they need to know, so they can defend you to the best of their ability.

While we are used to seeing a crime being committed as well as the case being adjudicated within an hour on television, in real life, it takes weeks or months to prepare for a criminal law trial. Throughout the entire process, you should be in communication with your attorney and make sure you understand each and every step of the process. Your attorney should be able to reach you without having to jump through hoops, and by the same token, you should be able to get in contact with your criminal law attorney within a reasonable amount of time.

Your attorney may ask you the same questions a dozen times. Be patient and answer his or her questions as honestly and as thoroughly as possible. He or she won't be much help to you unless they know all the facts of your case. Realize that your communications with your attorney are privileged; your lawyer can't tell anyone else what you say unless you give your permission.

Even though your criminal law attorney is the expert, he or she is working for you, and as such, must follow your directions, as long as those directions don't violate the law. For example, if you want to testify on your own behalf, but your attorney advises you not to, you still have the right to do so, even if it may not be in your best interest. While you may not want to blindly follow all your attorney's advice without weighing the pros and cons of such advice, you do have the right to make your own decisions.

If you go to trial, you will be required to enter a plea. While most pleas are made up of some form of "guilty" or "not guilty," these are the two pleas most often entered into in a court of law. For example, you may be guilty, but there may be extenuating circumstances, which may be enough to legally justify your behavior. Your attorney will advise you in regard to which plea may be the most beneficial to you.

Sometimes, defendants "cop a plea" instead of going to trial. When this happens, the defendant may plead guilty to the charge against him or her, or plead guilty to a lesser charge in exchange for a sentence that is lighter than what he or she may receive if found guilty at the conclusion of a trial. While this is a highly personal decision, it is wise to listen to the advice of your attorney on this, as well as on all matters of criminal law.

Throughout the history of the criminal justice system, there have been defendants that have plead guilty to crimes they did not commit in order to receive a lighter sentence. Conversely, there have been and will always be defendants who would rather rot in prison than plead guilty to a crime they did not commit. To some, it is a matter of principle; while to others, the only plea that matters is the one that will get them home the fastest. It is something to which every defendant facing the possibility must give a lot of thought.

Every defendant has the right to his or her day in court. Defendants may choose a trial by jury, or they may choose to have the judge decide their guilt or innocence. In criminal law, most defendants choose a trial by jury. This is usually because they feel they have a better chance with more than one person deciding their fate.

There is a process to choosing a jury called "Voir Dire." During this process, attorneys from both the prosecution and the defense accept and reject potential jurors based on criteria derived from questioning the jury pool. Each side may only reject a certain number of potential jurors before they're forced to accept the remaining ones.

During the trial, the jury may not hear absolutely all the evidence. Pre-trial motions and hearings held outside the jury's presence will determine what actual evidence the jury will hear. For example, if evidence was obtained through what is later determined to be an illegal search, such evidence will be precluded from the trial. While the defendant may hear things said about him or her that are not true during the trial, he or she must keep quiet through all the proceedings or face serious consequences.

The jury will be instructed to weigh all the evidence presented to them and decide the case based only on the evidence. Some of the evidence may be circumstantial, and some evidence may be forensic in nature, such as DNA evidence. There may also be other evidence presented at a criminal law trial, such as photographs.

Once a guilty verdict has been reached by the jury in a criminal law case, the sentencing phase of the trial takes place. Sometimes, this is like an entirely new trial with witnesses and testimony being given by both sides. In some cases, there is no latitude whatsoever when it comes to sentencing; that is, once a guilty verdict is pronounced, the sentence is automatically set according to the guidelines of the law.
In some cases, defendants that have been judged guilty are immediately taken into custody, and in other cases, the defendant may remain free on bail until the sentencing hearing, which may take a few weeks. It usually depends on the sentence and the crime, as to whether a person will be free for any length of time until the sentencing hearing. Obviously, someone convicted of a heinous crime would not be free to leave the courtroom.