A Guide on Criminal Law

There are mainly two types of laws in the US, criminal law and civil law. These laws are established to punish wrongful acts and compensate victims of such acts.

Civil laws deal with acts that result in another person suffering injuries, while criminal laws deal with actions the law considers an offense against the public. An individual can commit both civil and criminal offenses. Those who need help should get in touch with criminal law attorney Omeed Berenjian of BK Law Group.

The penalty in civil law usually includes monetary awards or court injunctions like restraining orders. In criminal law, the penalty may include fines and incarceration.

While civil law is an essential aspect of the legal world in the US, this article deals with criminal law. It will guide anyone who wants to learn a thing or two about criminal laws.

Understanding What a Criminal Procedure Is

When a person is accused of wrongdoing, a legal process follows to determine the validity of the claim. Getting a court judgment in such a case is a criminal procedure. 

The law presumes all criminal suspects are innocent until proven guilty. That is why a criminal procedure must be followed before the court can judge whether a suspect is innocent or guilty. 

The criminal procedure involves various processes, including stop and search, detention, arrest, search and seizure, booking, and filing charges.

Furthermore, the criminal procedure includes suspect identification or lineup and lawyer appointment. In a case where an accused does not have a lawyer, the court may assign an attorney from the public defender’s office. 

The criminal procedure also includes reaching a plea bargain, obtaining and presenting criminal evidence, going to trial, and receiving sentencing from the court. Appeal, probation, and parole are also criminal procedures.

Careers in Criminal Law

There are different careers in criminal law that a person can pursue. You do not even need to go to law school to pursue some of these careers. 

Careers you can pursue in the criminal law area include becoming a court clerk, court reporter, register, criminologist, defense attorney, judge, forensic evidence scientist, and immigration agent for matters concerning immigration.

If you like researching, you can also become a legal assistant or a researcher. Other career opportunities include being a paralegal, prosecutor, law enforcement officer, or police officer.

Knowing Your Rights in a Criminal Procedure

In criminal law, an individual cannot file a lawsuit against another individual. Only the federal or state governments can bring a criminal charge against a person.

That is why you see US v Someone or Minnesota v Someone when you read up on criminal law cases. The type of crime the person commits determines whether the accuser will be the state or the federal government.

Furthermore, the location of the act will determine the state that will bring the criminal charges against the defendant. Each set has its own criminal laws that guide its legal procedure. 

However, some constitutional rights generally apply to all defendants regardless of the state or the type of crime. When the police or an investigator violates any of these rights throughout the investigation, the accused should engage a lawyer. These constitutional rights include the following:

Speedy Trial

This is a provision of the Sixth Amendment. According to this law, a defendant has the right to a speedy trial. It prevents the defendant from being incarcerated for an extended period without trial.

Jury Trial

This is also the provision of the Sixth Amendment. According to this law, every defendant has the right to a jury trial. However, a defendant may opt for a bench trial in some states. 

A bench trial is when a defendant waives his right to a jury trial. In a bench trial, the judge determines the guilt and gives the sentencing. It is important to note that the right to a jury trial is different in civil laws.

Miranda Rights

This is a provision of a famous Supreme Court case. A Miranda right gives a defendant the right to legal counsel whether or not they can afford one. 

Self-Incrimination

This is commonly known as pleading the fifth. This right protects defendants from saying things that can incriminate them. According to this right, the court or police cannot force a defendant to testify when they plead the fifth.

How Criminal Trials Work

The steps and timing of a criminal trial vary by state because each state has its own procedures. However, trials generally have two phases.

Guilt Phase

The first phase is the guilt phase, and the second phase is the sentencing phase. During the guilt phase, the prosecutor presents evidence that the defendant’s actions satisfy all the criteria for being guilty of that charge, while the defendant presents evidence to prove otherwise.

The highest burden of proof rests on the prosecutor. The prosecutor must show beyond reasonable doubt that the defendant is guilty. To do this, the prosecutor must prove two elements: actus reus and mens rea.

Actus reus shows that the defendant committed the criminal act, and mens rea shows the defendant’s state of mind and intent in committing the crime. If the prosecutor fails to prove any of these elements, the judge or jury may declare the defendant not guilty.

Sentencing Phase

In this phase, the judge or jury factors in state or federal laws into the case. They look at the provisions of these laws regarding the appropriate punishment for the crime committed.

Furthermore, they consider other factors such as criminal history, aggravating factors, and mitigating factors. The judge or jury may rule on two types of sentencing: incarceration and fines.

Examples of Criminal Offenses

There are different crimes that fall under criminal offense. They include small acts like theft and serious acts like drug trafficking and murder. 

These crimes are in different categories. These categories include misdemeanors, disorderly conduct, and felonies.

Misdemeanors include DUI cases, assault and battery, theft, larceny, drug crimes, perjury, obscenity, and gun possession violations. Felony crimes include grand theft, arson, vandalism, drug crimes, sexual assault, human trafficking, murder, robbery, manslaughter, rape, child abuse, kidnapping, embezzlement, forgery, and tax evasion.

Final Words

Records of some of these crimes may be wiped off the convict’s criminal records. This act is called expungement. Eligibility for expungement varies by state. Thus, engaging an attorney can help you understand which crime is eligible for expungement and how to go about the expungement process.

Moreover, criminal laws can be complicated. That is because the laws that guide each state regarding a type of crime may vary. Thus, engaging a lawyer is the first important step you must take.