Criminal Law : What is it?

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.

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.

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.

All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea". Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%.

Federal Criminal Law - Frequently Asked Questions

1. Will I be released on bond?

Maybe. Maybe not. The Bill of Rights says there is no absolute right to a bond in Federal Court. A law called the Bail Reform Act provides that under certain conditions the Court can detain without bond a person accused of a crime. Even if you get a bond it might be so high that you are unable to post it which is almost the same as having no bond. Given that having a low bond or a bond at all is not assured having an experienced attorney represent you at the bond hearing is imperative.

2. Why doesn't the indictment say what I did?

An indictment does not have to be specific. Most indictments will only describe, in general terms, the dates and places of the crime, a recitation of the crime charged along with the corresponding statute and perhaps the type of narcotics involved (although not necessarily the amount). As a result of this just reviewing the indictment does not always provide a full picture of the case.

3. When should I hire an attorney?

If you are even asking this question then you should be calling an attorney. Most attorneys, including us, will provide a free consultation. It's always been my experience that the earlier you have an attorney the better off you will be.

4. Do I need a lawyer if I'm innocent?

Absolutely! No system is perfect and the fact is innocent people get arrested and, more importantly, convicted all the time. Everybody in the justice system becomes cynical and jaded after a while. Which means that your protestations of innocence are likely to be met by indifference and disbelief. It is your lawyer's job to convince the prosecutor, the Judge and, if necessary, a jury of your innocence.

5. Do I need a lawyer if I'm guilty?

This is the opposite of the previous question but the answer is the same. Under our system of justice it is the Government's burden to prove whether you are guilty. Of more significance is the fact that even if you do not want to contest the charges you may not want to lose your freedom for more time than you think is fair. This really requires an experienced attorney who can navigate the system for you and keep you from falling into the rapids.