Criminal Law Basics



Criminal Law encompasses the rights of an accused and the criminal process, including arrest, arraignment, grand juries, pleas, discovery, pretrial hearings, trials, jury selection, evidence, motions, and posttrial remedies. The main purpose of the criminal law is to set forth the punishment for criminal offenses. In order to prove any crime, no matter how serious, the prosecutor must prove that the accused committed a guilty act with a guilty mind beyond a reasonable doubt. Please read on to find a criminal defense attorney, criminal lawyer, criminal attorney or to learn more about criminal law.

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Criminal Law Basic Articles
State Specific Resources
-  State Criminal Codes & Statutes-  Criminal Process in Your State
 
Criminal Law Overview
-  Crime and Criminal Law Basics-  Murder during the Commission of a Felony
-  Classification of Crimes-  The Criminal Justice Process
-  Assault and Battery-  Restraining Orders
-  Crimes against Property-  How to Get a Restraining Order
-  Keeping Law and Order: The Prosecutor-  Crimes Involving Alcohol
-  Public Defenders-  Manslaughter: A Lesser Crime Than Murder
-  What Are Arrest Warrants?-  Shoplifting or "Petty" Theft: What's the Big Deal?
-  Arrest Warrants-  What Are Criminal Indictments?
-  What Happens When You're Arrested?-  The Crime of Robbery
-  Incomplete Crimes: Conspiracy, Attempt & Solicitation-  Racketeering: Organized Criminal Activities
-  Criminal Charges - What Do They Mean?-  Criminal Law Appeals - Basics
-  What Are Criminal Fines?-  Your Search and Seizure Rights: Knock-and-Announce
-  Your Search and Seizure Rights: Stop and Frisk-  Federal Protectors: Roles of the CIA & the FBI
-  Misdemeanors-  The Criminal Profiling Process
-  Jurisdiction: Where Can the Police Make Arrests?-  Skipping Bail? A Bounty Hunter Will Likely Follow
-  Extradition: Criminals, Suspects Can't Run Forever-  Body Identification - Matching Names with Victims
-  When Victims & Body Identifications Don't Match
 
Pre-Trial Issues
-  Release on Recognizance - A Promise to Appear-  Bail Bonds
-  Initial Appearance in Court after an Arrest-  Bail Hearings - Getting Out of Jail
-  Sharing a Criminal Lawyer: Joint Representation-  A Defendant's Release on Bail with Conditions
-  Promoting a Fair and Speedy Trial with Conferences-  Delaying or Getting a Continuance in a Criminal Case
-  Waiving Your Right to Counsel in Criminal Cases-  Disqualifying a Judge from a Criminal Case
-  Breaking Plea Agreements or Bargains-  Closing the Courtroom to the Public
-  Criminal Contempt of Court-  Warrantless Arrest
-  Criminal Complaints-  Plea Bargains or Agreements and Sentencing
-  Criminal Law: Right to Evidence Disclosure-  Criminal Law Trials - Pretrial Publicity
-  Guilty Pleas Must Be Voluntary-  Pleas Must Be Made Knowingly and Intelligently
-  Waiver of Defenses in Guilty Pleas-  No Contest Pleas (Nolo Contendere)
-  Conditional Pleas-  What's a Court Martial?
-  Conflicts of Laws-  Competency to Stand Trial
-  Pros and Cons of Pro Se-  Surety: Making Sure Court Appearances Happen
-  Pretrial Motion to Dismiss: Ending a Criminal Case-  Before You Fire Your Court-Appointed Lawyer
-  Firing Your Court-Appointed Lawyer-  "Pleading the Fifth" and Miranda Warnings
-  Attorney is Loughner's Best (and Only?) Hope
 
Juries and Jurors
-  Reasons for Rejecting Potential Jurors-  Excluding Jurors: Removing and Disqualifying
-  Trial by Jury: Selecting Diverse Jury Pools-  Fair Trials and Challenging Makeup of the Jury Pool
 
Trial
-  Getting Ready for a Criminal Trial: Pretrial Motions-  Criminal Defenses: General Overview
-  Criminal Trials - Who Has the Burden of Proof?-  Criminal Law Defenses - Abandonment & Withdrawal
-  Criminal Law Trials - Opening Statements-  Criminal Defenses: Insanity
-  Changing Lawyers: Substitution and Withdrawal-  Criminal Law Defenses - Ignorance or Mistake
-  Representing Yourself in a Criminal Case-  Criminal Law Defenses: Consent
-  Criminal Law Trials - Defendant's Rights-  Criminal Law Bench Trials - No Jury Required
-  Defendant's Right to a Speedy Trial-  Criminal Law Trials - Motion for Mistrial
-  What if a Witness Is Unavailable to Testify?-  Ending a Criminal Trial with a Motion for Acquittal
-  Criminal Law Trials - The Hearsay Rule-  Criminal Law - Witness Direct Examination
-  Hearsay and When Witness Availability Doesn't Matter-  Criminal Law Trials: Examining Witnesses
-  Hearsay Exceptions: When Witness Is Unavailable-  Objections to Jury Instructions
-  Particular Jury Instructions at a Criminal Trial-  Requests for Jury Instructions
 
Verdicts and Punishment
-  General Overview of Criminal Verdicts-  Are Verdicts All or Nothing? Inconsistent Verdicts
-  Using Special Verdicts & Answering Exact Questions-  Partial Verdicts and Breaking Down the Criminal Case
-  How Do You Stop a Defective Judgment? Arrest It!-  Punishment of Crime
-  How Do You Temporarily Stop a Criminal Sentence?-  Challenging Criminal Jury Verdicts: Impeachment
-  Criminal Sentencing: The Basics-  How Do Multiple Convictions Affect My Sentence?
-  Sentence Must Be Proportional or "Fit" the Crime-  Sentence Enhancements Mean Harder Punishments
-  Reasons to Receive a New Criminal Trial-  Criminal Law Appeals - Procedure
-  Correcting, Modifying or Reducing a Sentence-  Conviction May Mean Deportation or Removal from US
-  Capital Punishment: Getting the Death Penalty-  Crime Doesn't Pay: Taking the Profits of Crime
-  What Do Courts Look at When Sentencing a Criminal?-  Appealing a Criminal Sentence
-  What Are the US Sentencing Guidelines?-  "Merger" Doctrine and Criminal Sentencing
-  Mental Incapacity in Criminal Sentencing-  Resentencing: Fixing a Criminal Sentence
-  Crime, Punishment and Prison Alternatives
 
Prisoner Rights
-  Prisoner's Rights
 
Habeas Corpus Overview
-  Habeas Corpus Review -  Habeas Corpus Challenges to Confinement
-  Evidence Hearings in Habeas Corpus Proceedings-  Exhausting Remedies in Habeas Corpus Proceedings
-  Habeas Corpus Petitions: Can You File More Than Once?-  Retroactive Decisions in Habeas Corpus Proceedings
 
Hot Topics
-  Autopsies: Finding Out "Why" May Be Required-  Bernard Kerik: From Policeman to Prisoner
-  Bomb Making IS illegal-  Boy's Balloon "Ride" Was a Scam
-  Can We Send Juveniles to Jail for Life?-  Casey Anthony: Any Defense Will Do
-  Caylee's Law Fills a Gap in Missing Children Laws-  Community Leaders Arrested by FBI
-  Counterfeit Money Comes Out of Your Wallet-  DNA Sampling, Crime Investigation and Your Rights
-  Death Sentence Appeals Take Time for a Reason-  Does Offering Rewards To Solve Crimes Pay Off?
-  Everyone Pays the Costs Crime-  Flash Mobs Step From Dancing to Crimes
-  Football's Plaxico Burress Sentenced on Gun Charge-  Forensic Evidence Labs Are under the Microscope
-  Getting Property Back after an Arrest-  I Can Fix It: Who and How Does Rehab Help?
-  Internet Threats to Kill-  Keeping the Fourth’s Fireworks Fun Safe and Legal
-  Michael Jackson's Death Ruled a Homicide-  Military Wife Sues State for Wrongful Prison Term
-  Missing Adults: The Susan Powell Disappearance-  Need for Public's Safety Means No Bail for Sowell
-  New York Targets Illegal Sales of Toy Guns-  No Joking Matter: Real Fallout from Fake Scares
-  Online Jail Listings-  Osborne: Due Process & DNA Tests after Conviction
-  Police Supply Details for Some False Confessions-  Problematic Pardons; the Clemmons Clemency
-  Proms, Parties and Underage Drinking-  Reporting Crimes: Witnessing, Ignoring, Falsely Reporting, and Lying
-  Robber Sues the Store He Robbed-  Self-help Guru's Irresponsibility Leads to 3 Deaths
-  Sex Offenders Challenge Residency Rules-  Shame on You: Do "Shaming" Punishments Work?
-  Should 911 Calls Be Made Public?-  Speaking Up for the Right to Remain Silent
-  Stop and Frisk-  Talking (or Not) To Police After An Accident
-  Technology Takes a Bite Out of Crime-  The Call of Jury Duty
-  The Failure of 911-  Trial and Try again: When is a Retrial a Good Idea?
-  Violating Probation May Lead Back To Jail-  What is a Hate Crime?
-  What Is a Search Warrant and When Is One Needed?-  What Is the Price for Your Right to Free Counsel?
-  Who’s Lying? The Megan Williams Story-  Will the Supreme Court Expand the Miranda Rights?
-  Woman Sentenced for Enslaving Nanny-  You're Under (Citizen's) Arrest: Now What?
-  Your Local Police May Be Selling Confiscated Guns
 
Criminal Law Basics FAQs
-  Criminal Law: Crime Definition FAQs-  Criminal Law: Appeals FAQs
-  Criminal Law: Arrest and Evidence FAQs-  Criminal Law: Procedure FAQs
-  Criminal Law: Expungement FAQs-  Criminal Law: Defenses FAQs
 
Lawyers.comsm Virtual Community
Legal Forums
-  Crimnal Law-  Traffic Citations
 
Chats
-  Chat Listing
 
Hiring a Criminal Lawyer
-  Criminal: Meeting with a Lawyer-  Criminal: Preparing to Meet with a Lawyer
-  Criminal Law: Selecting a Good Lawyer
 
Related Topics on Lawyers.comsm
-  Criminal Law-  DUI DWI
-  Parole and Probation
 

Ask a Lawyer - Criminal Law Basics Law questions answered by leading lawyers
If you make a purchase at a store, but accidentally walk out with an item unpaid for, Is it legal fo
My boyfriend went to a store (that will remain nameless) to make a purchase. He purchased the item then remembered he had to get my prescription filled, so while waiting at the pharmacy, he was reading information on another item (that cost hardly anything). When they called his name to the pharmacy counter, he put what he was looking at on top of the items he had already purchased which were bagged up. He remembered he had to buy one more thing and the item that he had been looking at. Well, they didn''t have the other item he needed, so he left the store forgetting about the item that he had been looking at, Lose prevention chased him out of the store and he told them it was an accident and he would pay for it, but they wouldn''t let him. What should we do?! Do you think we need a lawyer? And why didn''''t they just let him pay for it?
Would getting a traffic ticket count as violating the good behavior conditions of my suspended jail
I was convicted of a misdemeanor assault and battery and given 30 days in jail, all suspended under the condition of good behavior over two years.
Is there anyway to get my misdemeanor theft charge removed?
Four years ago, I was accused of theft in the 5th degree by Walmart. I was working there, and a customer asked for a 20 dollar gift card. She paid for it, but then decided that she didn''t want the card, and wanted her money back. I explained that I could not do that because of Walmart''s policy, and after getting angry with me, she tossed the card near the garbage can. Picking it up, I used it to buy food, and a month later, a police officer calls me at 7 or 8 p.m., asking me to come to the station. He tells me that Walmat is accusing me of theft, and that if I plead guilty, that the judge will take it easy on me, as it is my first offense. If not, I could do jail time. Note that he did not arrest me, nor did he read me my Miranda rights. I wrote down what happened, got a court date, and was charged with 5th degree theft. Given probation, I was unable to pay my fines in time, so now it seems I am stuck.
Almost a year ago I signed a plea agreement to a AGGRAVATED MISDEMEANOR with a sentence of two years
and now that it has been almost a year I''m ready to turn myself in. Is the plea that I signed off on still in effect? Or is the plea no good now?
How can two separate people be arrested for the same crime at the same time if the police do not sus
The police have arrested a friend of mine; they already arrested someone else for the same crime and he is still under arrest. Can they do that?
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Criminal Law Lawyer Web Sites
 
 -  San Mateo Criminal Defense Attorneys - Law Office Of K. J. Petsas, PC
 -  OUI Attorneys In Maine - Degrinney Law Offices
 -  Los Angeles Business Attorney - Bradley & Gmelich
 -  Tennessee Criminal Defense - Law Office Of Stephen R. Leffler, P.C.
 -  Virginia Criminal Attorneys - Eric Roland Spencer, P.C.