Criminal Law Basics



Criminal Law is the name given to the branch of law that governs an individual's relationship to the state. It includes the definitions of criminal offenses, which are usually established by Congress or state legislatures. The term "criminal law" also 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
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-  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-  DUI DWI
-  Parole and Probation
 

Ask a Lawyer - Criminal Law Basics Law questions answered by leading lawyers
We hired an attorney in September 2011 to handle a possesion of marijuana case for our son
At the time we didn''t have information on the name of the arresting officer. We paid the attorney and he took the case. After he received the information and the police report he told us that we should just settle and not let this go to court and he knows the police officer and he is a good guy they have a personal relationship and go hunting and fishing all the time. The police officer is not able to produce a video tape from his car regarding the incident nor has any "evidence" been returned from the crime lab. We are just having to rely on the police report and he is not even attempting anything further since, in his word, "the cop is one of the good ones, I have a personal relationship with him". At the point of knowing that the police officer was one of his personal friends should he not have withdrew from the case or assigned another attorney. I feel that my son is not be represented fairly.
I''m on probation in GA, and I''m just wondering if I could be revoked for not having a job. It''s n
I think my P.O. is going to threaten to revoke me if I don''t get one soon.
What is the best course of action for me to take and what do you think is going to happen to me?
Im 19 and have been on probation for about 6 months in Whitfield Co. for underage drinking,its an Alternative Probation center and I call in once a week.I was just arrested last week in Dekalb Co.again for underage drinking.They did not put a probation hold on me so I was able to bond out the next day.I have to go to court next month and I dont know what the best thing for me to do is.I just got a job and have been working for a month and dont want to lose my job.Im trying to get my life together and dont want to lose everything from doing jail time.What is the best course of action for me to take and what do you think is going to happen to me?
18 year old was charged with criminal tresspass but was questioned on his involvement without being
How can I dismiss charges after I have filed a report?
I recently filed charges against someone I know for breaking into my home. He stole $100 from me and remove his own food from the home. He had been living with me at least a month prior to the incident, but has now been charged with breaking and entering, felony larceny, and possession of stolen goods. If I drop these charges I filed against him, will that get him out of jail or is that for someone else to decide? Also, when can I actually drop these charges? I''ve considered mailing a letter to the District Attorney and the Sheriff''s Office that arrested and charged him telling them I would like to drop the charges, but what else must I do? Before he was arrested we made an agreement and I have seen him since. I would no longer like to hold these charges against him.
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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
 -  Hawaii Criminal Defense - Law Offices Of Myles S. Breiner, ALC, Inc.
 -  Tennessee Criminal Defense - Law Office Of Stephen R. Leffler, P.C.