Basics of Criminal Court
In any criminal case, you have the right to be represented by an attorney. A criminal case can result in the loss of your freedom. You can be locked up in jail for a few days to several years, or even for the rest of your life. As a result, the American justice system allows you to have a professional and an advocate who will fight for your rights. An attorney typically has 8 years of college or more; and has passed many tests and background checks to practice law. The steps in a criminal case can be confusing and complicated, and the consequences, can be quite harsh. For example, a conviction can result in deportation for noncitizens or prevent a legal resident alien from becoming a citizen.
Certain convictions can prevent you from holding a variety of jobs. Experienced criminal defense attorneys, whether they are for private hire, serve as public defenders, or are appointed by the court, know about the criminal justice system — how it works, which options are available to a defendant, and what the likely outcomes of different options are. Whenever possible, get the help of an experienced criminal defense attorney when you are charged with a crime!
Criminal court is where you go when the state believes you have committed a crime and it files charges against you. Generally, the District Attorney’s Office represents the state. Each county has its own District Attorney’s Office. In some cities, certain offenses are prosecuted by the city attorney instead of the district attorney.
Only the government — not another person or private agency — can charge you with a criminal violation.
In criminal court, you are presumed innocent until proven guilty beyond a reasonable doubt.
Difference Between Criminal and Civil Cases
A criminal case happens when the government files a case in court to punish someone (the defendant) for committing a crime. If the defendant is found guilty of a crime, he or she may face jail or prison.
A civil case happens when one person, business, or agency sues another one because of a dispute between them, usually involving money. If someone loses a civil case, they may be ordered to pay the other side money or to give up property, but they will not go to jail just for losing the case.
There are other important differences, like:
- In a criminal case, the government must prove the defendant’s guilt “beyond a reasonable doubt.” In a civil case, the plaintiff must prove his or her case by a “preponderance of the evidence” (more than 50 percent). This means that a party to a civil case can win if he or she is able to convince the judge or jury that his or her side of the case is slightly more convincing than the other side’s.
- In criminal cases where the charge is a misdemeanor or felony and if the defendant cannot afford a lawyer, the court will appoint one without cost to the defendant. In civil cases, if a party cannot afford a lawyer, they have to represent themselves. There is no right to a court-appointed lawyer in an infraction case.
- In criminal cases, defendants almost always have the right to a trial by jury, except in infraction cases. In civil matters, there are many types of cases where there is no right to a trial by jury.
Types of Criminal Cases
There are 3 types of criminal cases:
- Infractions
An infraction is a minor violation. Many traffic violations are infractions. The punishment for infractions is usually a fine, and if the defendant pays the fine, there is no jail time.
- Misdemeanors
A misdemeanor is a crime with a maximum punishment of:
- Either 6 months or 1 year in a county jail, and/or
- A $1,000 fine (for most misdemeanors).
- Examples of misdemeanors are:
- Petty theft
- Vandalism
- Driving with a suspended license
- Drunk driving (also known as “DUI” or “driving under the influence”)
- Felonies
A felony is the most serious kind of crime. If found guilty, the defendant can be sent to jail or prison for a year or more, or even receive the death penalty for very serious crimes. Defendants convicted of felonies are usually sent to state prison for sentences of 16 months or more.
Examples of felonies are:
- Robbery
- Murder
- Rape
- Possession of illegal drugs (called “controlled substances”) for sale
Lawyers in Criminal Court
In any misdemeanor or felony criminal case (and any infraction where you have been arrested and NOT released on your written notice to appear, on your own recognizance, or after a deposit of bail), you should have a lawyer.
Call us today to represent you!!
112 comments
Comments are closed.
January 17, 2024
when to take cialis 20mg
when to take cialis 20mg
January 18, 2024
where to buy sildenafil over the counter
where to buy sildenafil over the counter
January 18, 2024
viagra india cheap
viagra india cheap
January 19, 2024
viagra europe over the counter
viagra europe over the counter
January 19, 2024
where to buy generic viagra online safely
where to buy generic viagra online safely
January 19, 2024
order sildenafil no prescription
order sildenafil no prescription
January 20, 2024
which is better cialis or levitra
which is better cialis or levitra
January 20, 2024
generic tadalafil in us
generic tadalafil in us
January 20, 2024
cialis coupon free trial
cialis coupon free trial
January 21, 2024
buying cialis cheap
buying cialis cheap
January 22, 2024
bactrim esbl
bactrim esbl
January 23, 2024
gabapentin strengths
gabapentin strengths
January 23, 2024
flagyl δοσολογια
flagyl δοσολογια
January 23, 2024
valtrex peak
valtrex peak
January 24, 2024
tamoxifen wirksamkeitstest
tamoxifen wirksamkeitstest
January 24, 2024
will lyrica show up on a drug test
will lyrica show up on a drug test
January 24, 2024
furosemide binding
furosemide binding
January 24, 2024
lisinopril lethargic
lisinopril lethargic
January 24, 2024
metformin microparticles
metformin microparticles
January 24, 2024
rybelsus and jardiance together
rybelsus and jardiance together
January 24, 2024
semaglutide tablets 3mg
semaglutide tablets 3mg
January 25, 2024
type 2 diabetes medications rybelsus
type 2 diabetes medications rybelsus
February 8, 2024
zoloft time to work
zoloft time to work
February 8, 2024
metronidazole pseudomonas
metronidazole pseudomonas
February 10, 2024
gabapentin rausch
gabapentin rausch
February 10, 2024
cephalexin for boils
cephalexin for boils
February 11, 2024
depression hurts cymbalta can help
depression hurts cymbalta can help
February 12, 2024
trintellix vs lexapro
trintellix vs lexapro
February 13, 2024
is fluoxetine a controlled substance
is fluoxetine a controlled substance
February 15, 2024
can you order viagra online in canada
can you order viagra online in canada
February 20, 2024
keflex what generation
keflex what generation
February 20, 2024
can you take amoxicillin with prednisone
can you take amoxicillin with prednisone
February 21, 2024
is duloxetine an antipsychotic drug
is duloxetine an antipsychotic drug
February 24, 2024
spiraldynamics
spiraldynamics
February 28, 2024
Spiral Dynamics
Spiral Dynamics
February 28, 2024
can i give my dog cephalexin
can i give my dog cephalexin
February 28, 2024
ciprofloxacin ophthalmic solution usp 0.3 as base
ciprofloxacin ophthalmic solution usp 0.3 as base
February 28, 2024
how long does it take for bactrim to work for skin infection
how long does it take for bactrim to work for skin infection
February 28, 2024
does bactrim treat kidney infection
does bactrim treat kidney infection
March 1, 2024
vxi.su
vxi.su
March 22, 2024
ddavp bleeding and renal failure
ddavp bleeding and renal failure
March 22, 2024
depakote side effects bipolar
depakote side effects bipolar
March 22, 2024
augmentin for dogs
augmentin for dogs
March 22, 2024
contravention 4 ou 5 classe
contravention 4 ou 5 classe
March 22, 2024
citalopram and grapefruit
citalopram and grapefruit
March 22, 2024
diclofenac sodium tablets
diclofenac sodium tablets
March 23, 2024
ezetimibe type of drug
ezetimibe type of drug
March 23, 2024
cozaar xq
cozaar xq
March 23, 2024
flomax products inc livermore ca
flomax products inc livermore ca
March 23, 2024
muscle relaxants flexeril
muscle relaxants flexeril
March 23, 2024
horrible effexor withdrawals
horrible effexor withdrawals
March 23, 2024
what is diltiazem
what is diltiazem
March 24, 2024
is aleve aspirin
is aleve aspirin
March 25, 2024
aripiprazole 30 mg
aripiprazole 30 mg
March 25, 2024
allopurinol 300 mg tablet
allopurinol 300 mg tablet
March 25, 2024
amitriptyline 10mg
amitriptyline 10mg
March 28, 2024
buspar high feeling
buspar high feeling
March 28, 2024
ashwagandha anxiety
ashwagandha anxiety
March 29, 2024
bupropion interactions
bupropion interactions
March 29, 2024
celecoxib generic price
celecoxib generic price
March 29, 2024
augmentin for diverticulitis
augmentin for diverticulitis
March 29, 2024
celebrex vs ibuprofen
celebrex vs ibuprofen
April 14, 2024
how to avoid weight gain on abilify
how to avoid weight gain on abilify
April 14, 2024
protonix pill
protonix pill
April 14, 2024
is robaxin habit forming
is robaxin habit forming
April 14, 2024
actos antieticos
actos antieticos
April 14, 2024
semaglutide reddit
semaglutide reddit
April 15, 2024
repaglinide plus metformin
repaglinide plus metformin
April 15, 2024
acarbose niereninsuffizienz
acarbose niereninsuffizienz
April 15, 2024
what does remeron do
what does remeron do
April 19, 2024
tizanidine hydrochloride 4 mg
tizanidine hydrochloride 4 mg
April 19, 2024
how much spironolactone for acne
how much spironolactone for acne
April 19, 2024
venlafaxine tablets vs capsules
venlafaxine tablets vs capsules
April 19, 2024
tamsulosin doxazosin alfuzosin terazosin
tamsulosin doxazosin alfuzosin terazosin
April 19, 2024
what is the mechanism of action of sitagliptin
what is the mechanism of action of sitagliptin
April 20, 2024
caremark synthroid
caremark synthroid
April 20, 2024
voltaren gel coupon
voltaren gel coupon
April 20, 2024
ivermectin 0.2mg
ivermectin 0.2mg
May 13, 2024
cialis online pills
cialis online pills
May 13, 2024
buying generic levitra online
buying generic levitra online
May 13, 2024
canadian pharmacy levitra
canadian pharmacy levitra
May 13, 2024
what does viagra cost at a pharmacy
what does viagra cost at a pharmacy
May 13, 2024
order tadalafil 20mg
order tadalafil 20mg
May 13, 2024
sildenafil generic viagra
sildenafil generic viagra
May 14, 2024
online pharmacies no prescription
online pharmacies no prescription
May 14, 2024
sildenafil citrate dosage
sildenafil citrate dosage
May 17, 2024
ivermectin 6
ivermectin 6
May 17, 2024
vardenafil generico en farmacias
vardenafil generico en farmacias
May 17, 2024
stromectol drug
stromectol drug
May 18, 2024
where to buy tadalafil online
where to buy tadalafil online
May 18, 2024
sildenafil soft online
sildenafil soft online
May 18, 2024
uk viagra no prescription
uk viagra no prescription
May 18, 2024
ivermectin 400 mg
ivermectin 400 mg
May 18, 2024
ivermectin cream 5%
ivermectin cream 5%
May 18, 2024
stromectol nz
stromectol nz
May 18, 2024
tadalafil cheapest online
tadalafil cheapest online
May 18, 2024
sildenafil viagra vardenafil levitra and tadalafil cialis
sildenafil viagra vardenafil levitra and tadalafil cialis
May 18, 2024
buy ivermectin cream for humans
buy ivermectin cream for humans
June 26, 2024
does neurontin cause constipation
does neurontin cause constipation
June 26, 2024
can you drink alcohol while taking cephalexin
can you drink alcohol while taking cephalexin
June 27, 2024
metronidazole medication
metronidazole medication
June 27, 2024
can i take ibuprofen with ciprofloxacin
can i take ibuprofen with ciprofloxacin
June 27, 2024
keflex uses for
keflex uses for
June 27, 2024
does doxycycline treat sinus infection
does doxycycline treat sinus infection
June 27, 2024
metformin class
metformin class
June 27, 2024
tamoxifen for male gynecomastia
tamoxifen for male gynecomastia
June 28, 2024
acyclovir or valacyclovir
acyclovir or valacyclovir
June 28, 2024
long-term use of lyrica nerve pain
long-term use of lyrica nerve pain
June 28, 2024
modafinil brand name
modafinil brand name
June 29, 2024
lisinopril pregnancy
lisinopril pregnancy
July 1, 2024
trazodone 100mg for dogs
trazodone 100mg for dogs
July 2, 2024
does amoxicillin affect birth control pills
does amoxicillin affect birth control pills