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Criminal Law
A "crime" is any act or omission (of an act) in violation of a public
law forbidding or commanding it. Though there are some common law
crimes, most crimes in the United States are established by local,
state, and federal governments. Criminal laws vary significantly from
state to state. There is, however, a Model Penal Code (MPC) which
serves as a good starting place to gain an understanding of the basic
structure of criminal liability.
Criminal law involves prosecution by the government of a person for an
act that has been classified as a crime. Civil cases, on the other
hand, involve individuals and organizations seeking to resolve legal
disputes. In a criminal case, the state, through a prosecutor,
initiates the suit, while in a civil case the victim brings the suit.
Persons convicted of a crime may be incarcerated, fined, or both.
However, persons found liable in a civil case may only have to give up
property or pay money, but are not incarcerated.
Crimes include both felonies (more serious offenses -- like murder or
rape) and misdemeanors (less serious offenses -- like petty theft or
jaywalking). Felonies are usually crimes punishable by imprisonment of
a year or more, while misdemeanors are crimes punishable by less than a
year. However, no act is a crime if it has not been previously
established as such either by statute or common law. Recently, the list
of Federal crimes dealing with activities extending beyond state
boundaries or having special impact on federal operations, has grown.
See Title 18.
A criminal defense attorney is a lawyer that defends a person or
persons when they are accused of breaking the law. There are multiple
types of criminal attorneys ranging from murder to internet fraud to
DWI (driving while intoxicated). Criminal defense attorneys negotiate
with prosecuting attorneys and do their best to get the kind of
sentence that best benefits their client in a rehabilitative sense to
avoid more conflict upon his or her release. Criminal defense lawyers
also hire investigators to research the charges and testify on behalf
of the defendant against witnesses who may have testified in a less
truthful manner.
Federal criminal defense lawyers defend suspects in federal cases in
federal courts. Federal court processes are similar to state court
process except that federal situations can be more costly and difficult
to defend due to the caliber of prosecuting attorney. There are federal
defense offices with the appropriate attorneys available for persons
unable to secure proper representation. Federal defense cases are
specialized cases that require experience with the federal legal system
and experience with grand juries. Persons involved with federal
investigation usually get a "target" (the person being investigated, or
whom the authorities have the evidence against) letter or a "subject"
(person who had behavior around the "target" of the investigation)
letter. Federal criminal defense attorneys must be familiar with the
sentencing guidelines so that they can properly advise their clients as
to what will happen to them if convicted.
DUI defense attorney works in a specialty area of law. Drunk driving
defense lawyers require specialized knowledge of scientific data
concerning the influence of alcohol on a person, anatomy and
biochemistry as well as knowledge of evidence procedures, search and
seizure, legal counsel requirements, and interrogation procedures. The
procedures and operation of testing equipment such as breathalyzers and
hospital equipment are also necessary.
Sexual abuse criminal defense attorneys defend men and women who are
arrested on suspicions and evidence of sexual misconduct with children
or adults. These sexual assault defense attorneys have their work cut
out for them in that sexual charges are difficult to fight in court. It
is believed that when a charge of sexual misconduct is heard most
people convict without hearing all the evidence. Defense attorneys of
sexual predators take an aggressive stance in the courtroom to make the
charges brought about by the prosecutors look blown out of proportion
or unfounded. Some defense attorneys are reluctant to take on clients
with sexual charges against them as they fear it may diminish their
reputation. Defense attorneys of persons charged with sexual
harassment, sexual assault or sexual misconduct with a child find it
difficult to get good legal representation in some cases and so
therefore there are sexual assault criminal defense attorneys who make
it a mission to help people who otherwise might be discriminated
against in a court of law.
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