Criminal Defense

Last updated December 6, 2023

Our legal system is divided into civil and criminal law. In a civil case, a person brings a lawsuit against another person or business, usually to recover money damages. In criminal cases, the government brings legal action against a person believed to have committed a crime. The punishment in a criminal case can include fines, restitution, or jail time.

Most people aren’t familiar with criminal legal issues until they end up on the wrong side of the law. Navigating the criminal justice system can be difficult. The criminal court system can be different depending on the state. For more information about criminal prosecution where you live, talk to a local criminal defense lawyer for legal advice.

What Happens After You Are Charged With a Crime?

Criminal procedure varies depending on the state or court where the person is charged. A criminal case is typically initiated either by a prosecutor filing a criminal complaint or through a grand jury indictment.

Generally, the process of a criminal case from beginning to end includes:

  • The defendant is arrested, or the court issues a summons to appear
  • Charges filed or grand jury indicts
  • Initial appearance and bond determination
  • Plea bargaining process between prosecutor and defense attorney
  • Filing motions and pre-trial hearings
  • Jury or bench trial
  • Verdict handed down
  • Sentencing if the defendant is found guilty or if they plead guilty
  • Post-conviction appeals

If the defendant is convicted, they are sentenced according to sentencing guidelines and the discretion of the judge. The sentence may include prison time, fines, probation, community service, drug or mental health treatment, or other punishments.

What’s the Difference Between a Felony and a Misdemeanor?

Most crimes are either felonies or misdemeanors. A felony is the most serious type of crime and is usually punishable by imprisonment for more than a year. In some states, certain felonies are punishable by life imprisonment or the death penalty. Examples of felonies can include:

  • Murder
  • Armed robbery
  • Embezzlement

Misdemeanors are generally less severe offenses. The punishment is usually fines and less than a year in prison. Examples of misdemeanor crimes can include:

  • DUI
  • Shoplifting
  • Assault

Some crimes can be either a felony or a misdemeanor. For example, domestic violence is often a misdemeanor. However, domestic violence that causes serious bodily injury can be a felony.

Infractions are minor violations that are generally not considered crimes. Infractions generally result in a citation or fine rather than jail time. This can include speeding tickets or not wearing a seatbelt.

How Do I Defend Myself Against Criminal Charges?

The prosecutor has the burden of proof in a criminal case. This means the prosecutor has to prove the defendant is guilty beyond a reasonable doubt. This is the highest burden of proof in American law. Defendants are generally not required to prove anything at trial.

The defense attorney in a criminal case usually uses evidence to poke holes in the government’s evidence. For example, in a drunk driving case, the defendant can show the alcohol testing equipment is unreliable. Defense strategies can also look for constitutional violations, like an illegal search by law enforcement.

What Are My Rights in a Criminal Case?

The U.S. Constitution provides several legal protections for those accused of a crime. The Fourth Amendment protects against unreasonable searches by police.

Many of an accused person’s constitutional rights are included in the “Miranda warning.” Most people are familiar with the Miranda warning from television shows or movies. These rights include:

  • Right to remain silent
  • Right to an attorney
  • Right to a public defender if they cannot afford to hire one

Criminal defendants also have the right to “due process.” Due process means the government must follow specific rules during a criminal case. The state must allow people to defend themselves before it can take away their liberty or property. Due process protections include:

  • Right to be informed of the nature of the charges
  • Right to confront the government’s witnesses
  • Right to a trial by a jury of your peers

How Can a Criminal Defense Attorney Help?

If you’re accused of a crime, a lot is at stake. You’ll need someone on your side to protect your rights. Criminal lawyers are familiar with the criminal justice system and can help you by:

  • Explaining the charges against you
  • Developing defense strategies
  • Review evidence for constitutional rights violations
  • Negotiating plea bargains with the prosecution
  • Filing necessary motions with the court

If your case goes to a criminal trial, your attorney can advocate for you in court. Sometimes, your best option may be to take a plea deal. Your lawyer can negotiate a deal for reduced charges or to help you avoid jail time.

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