Criminal Law
Criminal Law is generally divided into two categories – misdemeanors and felonies. A misdemeanor is a lesser crime typically punishable by a fine and potentially up to one year in a local jail. A felony is a serious crime punishable by one year or more in prison or death. Felonies also trigger the right to a public defender if the defendant cannot afford a criminal attorney. The burden of proof to convict a criminal defendant is “proof beyond a reasonable doubt” – a higher standard than a plaintiff’s burden in Civil Court. Other matters covered under criminal law include parole, probation, record sealing and expungement.
Categories
This article will explain to you the difference between prison and jail, which on the surface seem like two words that mean mostly the same thing. But in the eyes of the law, prison and jail are two very different places even though both deprive a person of their liberty.
Jail is Short in...
This article will explain the process of what criminal charges are, how they are filed and how to remove them.
What is an Arrest?
If a person is reasonably suspected of committing a crime, he or she may be arrested by a police officer. A crime can be of a minor (misdemeanor) or serious (felony)...
This article will explain to your rights to have a "Miranda warning", also known as your "Miranda rights", when you may be subject to an arrest, search and seizure of property.
What are "Miranda Rights" and the "Miranda Warning"?
The Miranda warning consists of a group of statements (also known...
This article will explain what is bail, what are bail hearings, how bail hearings are conducted and factors that increase and decrease your chances of being released on bail.
What is Bail?
After an arrest, a defendant is placed into custody which is followed by an arraignment, the first step in...
This article explains the process of sentencing in criminal court, the differences between parole and probation and how to handle revocation of probation and hearings.
Pre-Sentence Report or Probation Report
After a conviction of or guilty plea of a defendant,a report will be prepared for the...
In the United states, there are two types of laws which address how criminal records, sealings and other types of relief to clear a record may be accomplished. Many states have laws that govern whether and how criminal records may be cleared and removed under state law.
Explanation of state...
In general, police officers do not have the right to conduct an unreasonable search of your premises or place of business under the fourth amendment of the U.S. Constitution. Other than a handful of exceptions, warrantless searches and seizures of property are unreasonable and illegal. As such...
This article will assist you in understanding the basics of criminal law concerning sentencing, parole and probation. It will also cover pre-sentencing reports, suspended sentences, community service, bail, the differences between jail and prison and other topics of concern to an accused...
Who is legally considered a juvenile or a "minor" and how does the juvenile court handle crimes committed by minors? What rights does your minor child have if arrested?
Definition of a Juvenile or Minor
In most states, a person under the age of 18 is considered to be a juvenile or a "minor."...