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
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A “stop” occurs when a police officer investigates a matter by approaching a person who does not feel the freedom to walk away. When a police officer has a reasonable suspicion that someone has or is engaged in criminal activity, such as being armed, an officer may frisk that person for guns...
Michael Wechsler
5 min read
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22,987
An arrest warrant is a legal document issued by a criminal court which enables police officers to arrest and hold a criminal suspect. This article will explain how a case begins with a criminal complaint, is followed by the issuance and execution of an arrest warrant and also covers matters...
Michael Wechsler
Updated
3 min read
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7,918
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...
Michael Wechsler
Updated
5 min read
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3,739
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...
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