Criminal Law

Criminal laws, also known as "penal laws", are designed to conform behavior and protect individuals and society, as a whole. Conduct is either barred or mandated, meaning that certain conduct that has been deemed harmful is prohibited and conduct that is deemed necessary is required.

Federal crimes are detailed in Title 18 of the United States Code; crimes at the state or local level are listed in each state's or local authority's individual crimes code.

Criminal defense attorneys represent people who have been arrested or are being questioned for a crime. A criminal conviction stays on your record forever and the consequences are fierce: jail; fines; job loss; family discord; loss of professional license; loss of reputation in the community; difficulty renting an apartment, buying a house, or getting a job.

While we provide a general overview herein, if you or a loved one has been accused of a crime, consult with a qualified attorney in your state. Consulting with a criminal defense attorney does not mean that you committed a crime or that you're guilty. It simply means that you want good advice so you can make proper decisions.

If you have been the victim of a crime, consult with the district attorney in the county where the crime took place.

Criminal Acts and the Criminal Failure to Act

To emphasize, criminal law seeks to either prevent an act or require an act; and, the government prosecutes those it thinks committed a crime. It is up to the jury to determine whether the crime was, in fact, committed.

For example, these laws prohibit certain conduct:

On the other hand, these laws mandate certain behavior and punish those who don't act when they have a duty to do so:

Criminal law identifies crimes so that all people have appropriate expectations, understanding what constitutes a criminal act or the criminal failure to act. In addition, criminal law encompasses:

Classification of Crimes: Felonies, Misdemeanors, and Summary Offenses

The Purpose of Punishment

Those convicted of violating criminal laws are punished with jail time, probation, fines, restitution, and/or community service.

Although the actual effect of punishment (especially imprisonment) remains controversial, the stated goals of punishment for criminal behavior are to:

For 32 states that still have the death penalty, one of the potential penalties is death. These are considered “capital” cases and first degree (pre-meditated) murder is the best example. Visit the Death Penalty Information Center to see if your state is listed.

Burden of Proof and the Presumption of Innocence

The Burden of Proof is the standard a party must meet to prove the facts of a case. The Presumption of Innocence is the principle that one is innocent until proven guilty.

Beyond a Reasonable Doubt

"Beyond a reasonable doubt" is likely one of the most important terms in all of criminal law. It's the standard of proof that determines whether the accused is guilty and will, therefore, be punished – or not.

This standard is much higher than the standard in a civil case (e.g. injuries stemming from a car accident or medical malpractice).

Reasonable doubt can be likened to the goal line in a football game. In a civil case, the plaintiff must only get the football to the 51st yard line and prove his or her case by a preponderance of the evidence – NOT beyond a reasonable doubt.

Reasonable Doubt Versus Preponderance of the Evidence: What's the Difference?

A preponderance of the evidence standard is much lower than beyond a reasonable doubt standard. To continue the football analogy:

The differences in the standard of proof – beyond a reasonable doubt and preponderance of the evidence – goal line versus 51st yard line – is the reason O.J. Simpson was acquitted of murder in the criminal case, but found guilty of wrongful death in a civil case.

For example, in OJ Simpson's infamous criminal case, the prosecutors had to prove that OJ murdered Nicole Brown Simpson and Ronald Goldman beyond a reasonable doubt. His criminal defense attorneys successfully refuted the evidence and prosecutors were unable to prove murder by this high standard. As a result, Simpson was found innocent of murder.

On the other hand, in the civil trial, the plaintiffs' attorneys (personal injury attorneys) only had to prove their wrongful death case by a preponderance of the evidence. As a result, Mr. Simpson was found responsible for causing those same deaths under a wrongful death claim.

Do I Need a Criminal Defense Attorney?

If you agree with any 1 of these 3 statements, you need to consult with a criminal defense attorney now.

You have the right (as established way back in 1789) to represent yourself, but self-representation may not be the best idea. Your life, liberty, assets, and future may all be at risk. And what about your family? You need an expert in criminal law to stand up for you and protect your rights.

To connect with a criminal defense attorney, you could ask a friend for a referral, call the bar association for a list, or if you want to connect right now, use www.attorneys.org. It's free, private, and without obligation. Good luck with your case; we wish you the best.

After You’ve Hired an Criminal Lawyer

The time for questioning and thinking of going elsewhere for legal advice needs to be over after you make your hiring decision. If there is a red flag or pang in your gut, then follow your instinct right there in then. Hire a different lawyer.

However, once you've hired your criminal defense attorney, chalk any discomfort up to a very difficult and stressful situation. You cannot control the situation and must trust your attorney and follow direction.

You are part of your own defense; thus, you must:

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