Civil and criminal laws are the two types of law in the United States that punish wrong deeds and compensate victims of ill acts. Civil law caters to behavior that injures an individual or other private party. The punishments for liable or guilty parties are often monetary but can also entail court-pronounced repercussions like restraining orders or injunctions. On the other hand, criminal law deals with behaviors that are offensive to the public, state, or society, even if the victim is an individual. Punishments for the violation of criminal laws include prison time and fines. But no matter your charges, you still have the right to a trial and preservation of other fundamental human rights. This article explains how the criminal law system operates.
Criminal Procedure
Criminal procedure is the overall legal procedure for determining claims for an individual accused of breaching criminal laws. “Criminal law operates on a fundamental principle—the presumption of innocence. Every defendant is considered innocent until proven guilty, and this is the cornerstone of the criminal procedure,” says criminal defense attorney Chris Adams of Adams & Bischoff, LLC. Stop, detention, arrest, search, seizure, booking and filing charges, plea bargaining, suspect or eyewitness lineup recognitions, trial, and criminal evidence are part of criminal procedure. Others are appointment of counsel, criminal sentencing, probation and parole, and appeal.
How Criminal Law Procedure Operates
Only the federal government or a state government can institute a criminal matter against an individual. That is why it is typical to see stylized cases like “US v. Sandra” or “California v. Joseph.” The charges you face and where the offense allegedly happened will determine if a state or a federal court will hear the case.
Every state has its unique set of criminal laws. However, defendants nationwide enjoy some constitutional rights regardless of the offense or where it occurs. The four fundamental rights of every defendant include the right to a quick trial, access to an attorney or Miranda rights, the right to a jury, and protection against self-incrimination. If you believe a law enforcement agent has violated your rights through their misconduct, speak with a lawyer immediately for an onward action.
What Happens in a Criminal Trial?
Due to the peculiarities in procedural rules in every jurisdiction, the steps and timing of a criminal trial widely differ. But there are two phases of every trial—the guilt and the sentencing phase. The prosecutor and the defense counsel present elements to establish that the suspect’s behavior has or has not met every feature of the given criminal charge. The prosecutor must establish beyond any reasonable doubt that the suspect committed the crime in the right psychological state or intent. The judge or jury can pronounce the defendant guilty after certifying that the prosecutor has ticked all the boxes.
During the sentencing stage, the judge or jury will consider the appropriate state or federal law dictating the punishment range for the crime(s) the defendant is guilty of. They consider numerous factors, such as aggravating and mitigating factors, criminal history, and other essential facts to know the person’s best-fitting punishment. The convicted defendant will formally receive their punishment after completing the two phases. Fines, jail time, or both are the typical punishments for criminal offenses.
The Crime Types You Can Be Guilty Of
The classification of criminal acts begins with seemingly intangible crimes like simple theft to the most severe ones, such as trafficking and murder. Each state and the federal courts have different ways of classifying these offenses. For instance, perjury, gun possession breaches, assault and battery, theft, possession of controlled substances, obscenity, and traffic crimes are all under misdemeanors. Felony classification is more comprehensive than misdemeanor. Felony offenses include drug crimes like distributing, selling, or trafficking substances. It also includes property crimes like arson, grand theft, and vandalism.
White-collar crimes like tax evasion, forgery, embezzlement, and securities fraud fall under felonies. Similarly, felonies include violent crimes like rape, robbery, kidnapping, child abuse, manslaughter, first-degree murder, and second-degree murder. Sex offenses like sexual abuse, sexual assault, and human trafficking are also examples of felonies. Certain crimes can fall under misdemeanors or felonies depending on the state laws and the circumstances surrounding their occurrences. Examples include burglary, vandalism, gun possession, stalking, and criminal fraud.
Some of these crimes may be eligible for removal from a person’s criminal record. Consult with a local attorney to know the requirements for removal in your jurisdiction, as the requirements differ by state. Also, offenses like moving breaches and speeding are infractions. Such offenses can only affect your driving record without reflecting on your criminal record. There is a special division for juvenile offenses. The juvenile justice system judges these crimes because it focuses on minors. The charges you face depend on where you commit the crime. However, confusion can arise on whether the crime falls under federal law or state law. Engaging a skilled criminal defense lawyer specializing in state and federal criminal law is the best way to address this confusion.
Call a Criminal Defense Lawyer Now
There are no mincing words that every law area is complex and complicated. However, the situation can quickly become messier when you face criminal charges. Receiving a criminal conviction can lead to imprisonment and a permanent criminal record. That is why you should hire a passionate criminal defense attorney to enlighten you on your rights and help safeguard them. They will also help you develop the best strategies to prosecute the case for the desired outcome.
