Criminal Law
Criminal Law covers a wide range of criminal matters from traffic matters, such as drink driving or driving whilst disqualified, to more complex cases of fraud and homocide. If you are arrested or being investigated on criminal charges, you need an attorney that is experienced in Criminal Law and who knows the penal system. Criminal Law specilaists are known as criminal defense lawyers.
Criminal Law covers the following types of cases:
- DUI defense, and vehicle code violations
- Drug offenses
- Homicide and assault or other violent crimes
- Property offences
- Sexual offence
- Third strike crimes
- Theft, fraud, and white collar crime
- Domestic violence
- Juvenile crime
- Probation violations
Criminal Law proceedings usually commence with the arrest. Police must follow predetermined legal procedures during the arrest process and at the subsequent stages. In the Criminal Law system this includes preliminary hearings, charges, bail, arraignment, search and seizure, defense, evidence, trial in a criminal court, plea bargains and sentencing.
Individuals that are arrested on the suspicion of having committed a crime must be read the ‘Miranda rights’ before questioning can commence. The Miranda rights are:
- You have the right to remain silent and to refuse to answer questions.
- Anything you do say may be used against you in a court of law.
- You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
- If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
- If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to a Criminal Law attorney.
The Criminal Law in most states dictates that an individuals that has been arrested is able to make a telephone call once in custody. The police will usually take any personal property or money from the individual and create an inventory. The items will be returned if the Criminal Law charges are dropped and the individual is released. After the individual is arrested they are then booked. This process involves taking basic details and fingerprinting and photographing them. If required this procedure may also involve participating in a line-up.
Criminal Law proceedings will begin at this stage. If you have hired an attorney to handle your case then they will meet with you to discuss you case and begin building your defense. Physical evidence or witnesses will be sort to support your case and these may need to be presented in a Criminal Law court if the case goes to trial.
