Practice Areas: Criminal Law

What Do Criminal Law Attorneys Do?
Unlike civil law, which involves private law suits between two or more private entities, criminal law attorneys represent clients who are being prosecuted by the state or federal government for an act that has been classified as a crime. Any act or failure to perform an act as designated by public law is considered a crime. With the exception of strict liability crimes, most crimes consist of three elements: an act (actus reus), a mental state (mens rea) and the intent to do social harm.

Crimes are classified as "misdemeanors" (less serious offenses that are normally punishable by a fine like some traffic violations, petty theft, or possession of a small amount of marijuana) and "felonies" (more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder).

In criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil law suit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. But, the prosecutor in a criminal law case has to prove to the judge or jury "beyond a reasonable doubt" that the defendant is guilty of the crime charged.

Things to Consider:
Can I answer not guilty even if I am guilty?
You are innocent until you are proven guilty. Your criminal law attorney may think that the evidence against you is not enough to prove that you are guilty. You may have a better chance if you have a trial. You have a trial only if you plead not guilty.

Can I be arrested for questioning?
No. Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offence. It is not advisable to speak with the police until you have first spoken with your criminal law attorney. You should ask for a criminal law attorney or independent witness to be present during questioning.

If I am arrested, should I hire a Criminal Law Attorney?
You may be entitled to a court appointed attorney at public expense, known as a public defender, if you qualify as an indigent person. An indigent person is one who cannot hire a criminal law attorney without causing substantial hardship to himself/herself or dependent family. If you have been charged with a crime, you may complete an Affidavit of Indigence and Request for Court Appointed Counsel at your first court appearance. If you qualify, a criminal law attorney will be appointed for you. If you are convicted of a crime, the court may require you to repay some or all of the cost of your defense if it determines any financial ability to do so.

Because few people qualify for a court appointed criminal law attorney at the public's expense, most people arrested for crimes hire a criminal defense attorney.

More FAQ's Criminal Law