Top 10 Criminal Law Questions Answered. Media has familiarized the common man with several criminal laws, legal proceedings, and tactics in police investigations. However, several concepts have aroused confusion as well, but his article will obliterate them. Lawson Legal is a legal firm that has solved several cases to this date. The firm offers the best criminal lawyers for legal advice. The following questions are answered in collaboration with this firm.
1. What is the difference between a felony, misdemeanor, and infraction?
The severity of accusation varies for all these crimes.
Felony is the worst form of crime; bank robberies and murders top this category. However, less severe crimes like fraud can also be accounted for as a felony. This crime results in over one year of incarceration.
A misdemeanor is 2nd on the severity scale. It includes crimes such as drunk driving. It results in up to 1 year of incarceration plus a heavy fine. It can be classified into Class A and Class B.
An infraction is the mildest of all the crimes. A speeding ticket is one example of it. This crime does not lead to jail; a fine usually does the job, and neither a jury trial is held for it.
2. Name the Diverse Roles of Law Enforcement?
There are four entitles as assigned by the Law Enforcement Agencies in the United States:
- City Police department; for instance, the New York Police Department (NYPD)
- County in a city, which has a Sherriff Department.
- State Police Department; the police officers of this department have jurisdiction over a whole state.
- The Federal Law Enforcement Agencies; can persecute crimes anywhere in the United States.
3. What different tactics does a criminal defense lawyer use to help the client?
A defense attorney can exclude evidence and argue over the search of property to be unlawful. Moreover, he can stop a confession to enter the courtroom.
4. Do the police officers utter, “You have the Right to Remain Silent,” as they do on TV shows?
When arresting, a police officer is supposed to tell this to the person, otherwise known as the Miranda Rights. It is an informal way of informing people of their Right to Counsel and Due Process Rights.
5. Does the government provide you a lawyer?
If you’ve been charged with a crime that may sentence you to jail for six or more months, then the government should provide you with a lawyer.
6. Do I have the right to question the arresting officer?
If charged, you can know about the identity of the officers who have arrested you. Law enforcement has to provide evidence that needs to be disclosed, also known as the Brady material. You may also claim later that the officer did not give the Miranda warning, had no warrant to search the property, or even arrest you.
7. What is bail?
Being charged with an offense does not ensure a conviction unless proven guilty. Bail ensures that the defendant stays behind bars or attends the trial. It acts as a placeholder and is paid to the court.
8. What is the Three Strikes Law?
This is a debatable law which states that if a person is convicted of 3 different felonies, then he gets 25 years of life imprisonment, irrespective of the actual sentence of every felony.
9. How is the sentence determined after conviction?
A jury declares the convict guilty, but the judge decides the sentence considering the past criminal record, the part taken in the crime, outside help or pressure, and the damage done.
10. Which crimes can result in the death penalty?
The only crime that can result in the death penalty is a murder; however, some states declare it for child rapists as well.
Top 10 Criminal Law Questions Answered well we hope. Lawson lawyers here to help.
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