Criminal Law

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Criminal Law consists of rules and regulations created by state and federal government, that define the responsibilities each member of the public has to society. It is commonly referred to as the “Penal Code.” Criminal Procedure refers to the process of carrying out criminal charges. It covers search and seizure matters, arraignment, pleas, discovery, trials and appeals.

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.

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Michael Wechsler
4 min read
Views
8,189
Who determines the punishment after a criminal defendant is convicted of a crime? How can a defendant be sure of receiving fair treatment and not being punished more harshly than other defendants? Is there some flexibility and leniency allowed in the sentencing process? It is important to know...
Michael Wechsler
5 min read
Views
12,770
The process of criminal procedure is similar in all states even though criminal law and penal codes may vary. This is because the purpose of criminal procedure is the same - to determine whether sufficient evidence exists to find you, a person who has been arrested, guilty of a crime. The law...
Michael Wechsler
5 min read
Views
3,468
When several different criminal defendants are facing charges arising from the same crime and are all represented by the same criminal lawyer, those defendants have “joint representation.” These defendants, known as “co-defendants,” are “joined” together in their defense. While it may seem...
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