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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  1. Police Activity Stop and Frisk: Your Search and Seizure Rights

    Understanding "stop and frisk" and "search and seizure" law, reasonable suspicion v. probable cause, racial profiling, illegal stops, Terry Stops and more.
  2. Police Activity How Arrest Warrants Are Obtained and Executed

    What an indictments and arrest warrant are, how they are obtained, how police officers use them, challenges to false arrests and other criminal procedure.
  3. Police Activity Miranda Rights, the Miranda Warning & Police Questioning

    A detailed explanation of the Miranda Warning, its origin, your rights, what it covers, what to do if you're in police custody and what to know if you're on trial in a criminal court.
  4. Police Activity How to Handle a Police Search of Your Home

    A checklist of what you should do and say if the police arrive at your home to conduct a search of the premises and your property. Your rights and defenses.
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