Find a Criminal Lawyer Today
Criminal Law is the name given to the branch of law that governs an individual's relationship to the state. It includes the definitions of criminal offenses, which are usually established by Congress or state legislatures. The term "criminal law" also encompasses the rights of an accused and the criminal process, including arrest, arraignment, grand juries, pleas, discovery, pretrial hearings, trials, jury selection, evidence, motions, and posttrial remedies. The main purpose of the criminal law is to set forth the punishment for criminal offenses. In order to prove any crime, no matter how serious, the prosecutor must prove that the accused committed a guilty act with a guilty mind beyond a reasonable doubt. Please read on to find a criminal defense attorney, criminal lawyer, criminal attorney or to learn more about criminal law.
Most criminal defense lawyers, unlike civil lawyers, don't charge for an initial consultation. Criminal lawyers tend to quote legal fees on a flat fee basis, so their time is reflected in the total fee charged. Often, fees in misdemeanor criminal cases may range from $1,500-$5,000; misdemeanor DUI cases may range from $2,500-$10,000 and felony cases from $5,000-$25,000, in State court. Federal fees are often much higher.
The Initial Consult: What to Expect from the Lawyer
Most criminal defense lawyers will want to know your prior criminal history and what you expect from the case. They will review the facts of your case and spot the legal issues and defenses that may be available. They will lay out the legal process in court and what to expect over the next few weeks/months. Most criminal defense lawyers will assess your likelihood of success and variables such as the experience of the police officers involved, the judge and the prosecutors.
Should I Bring Anything?
If you have the police report, bring it. In a DUI case, bring any court papers from any prior cases. Also, bring a copy of your traffic history. Many lawyers will ask for photos of the vehicle involved in the case, photos of the scene of the arrest and medical records that may support defenses.
"You Had me at 'Hello' "
That famous line from "Jerry Maguire" can apply to choosing your lawyer. Often, people get a feeling of confidence and trust from an attorney in their first meeting and have no qualms about retaining him. Other times, people need to sort through several lawyers to find the right one. Pick the lawyer that you want to say the things that you would say in court if you were the lawyer.
When do I Pick?
Don't feel pressured to make a decision. Any lawyer that pressures you into hiring him is not the guy you want. And shy away from the lawyer who promises a particular result in your case. That is unethical for a lawyer to do, and foolish for you to pick him.
How are Fees Paid?
Most lawyers will require a "retainer", or down-payment, to begin a criminal case. Often, that retainer will be set at anywhere from 25-50% of the total fee, and the balance can be paid off over a few weeks or months. In federal cases, lawyers will expect a substantial portion of the fee up front, since federal judges rarely let a lawyer off a cases for non-payment of legal fees.
Expenses
In most cases, there are costs associated with a criminal defense case. Some of those costs are for depositons, witness fees, transcripts, process servers, deposition rooms, copies of records, government documents and expert witnessses. These costs are generally not included in the legal fee and are billed to the client. Court fines, court costs and probation costs are not included in legal fees or expenses.
How much time can pass before a Criminal Charge can be either prosecuted or defended? Check your state's Criminal Defense Statutes of Limitations
When people are accused of a crime, they face the terrible possibility of going to jail. A good attorney can represent anyone committed with a crime to the best of his or her ability. They can negotiate with prosecutors and can often arrange for reduced charges or lesser sentencing.
Criminal defense lawyers do much more than simply question witnesses in court. Good defense attorneys will:
Formulate sentencing programs tailored to a client's specific needs, often helping defendants avoid future brushes with the justice system.
Provide defendants with a reality check, a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor's offered "plea bargain".
Are familiar with important legal rules because many criminal law rules are hidden away in court interpretations of federal and state constitutions.
Are familiar with local court customs and procedures that aren't written down anywhere (for example, a lawyer may know which prosecutor has the "real" authority to settle a case, and what kinds of arguments are likely to appeal to that prosecutor).
Understand the possible "hidden costs" of pleading guilty which a self-represented person might never think about.
Spend crucial time on your case.
Gather information from prosecution witnesses.
Hire and manage investigators, who may be able to believably impeach (contradict) prosecution witnesses who embellish or change their stories at trial.
What Do Criminal Law Attorneys Do?
Unlike civil law, which involves private law suits between two or more private entities, Criminal Law Attorneys represent clients who are being prosecuted by the state or federal government for an act that has been classified as a crime. With the exception of strict liability crimes, most crimes consist of three elements: an act (actus reus), a mental state (mens rea) and the intent to do social harm. Crimes are classified as misdemeanors--less serious offenses that are normally punishable by a fine like some traffic violations, petty theft, or possession of a small amount of marijuana, and felonies--more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder.
In criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil law suit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. But, the prosecutor in a criminal law case has to prove to the judge or jury "beyond a reasonable doubt" that the defendant is guilty of the crime charged.
Can I plead not guilty even if I am guilty?
You are innocent until you are proven guilty. An experienced Criminal Law Attorney may think that the evidence against you is not enough to prove that you are guilty. For more information about your specific case, contact a qualified Lead Counsel Criminal Law Attorney, as listed on this site, to discuss your legal options.
Why should I hire a Criminal Law Attorney?
Generally, the sooner a Criminal Defense Lawyer is brought into a criminal case or investigation, the better potential results for the client. Do not take a wait-and-see approach to a criminal situation. Do not seek answers to questions about your rights and legal status from police officers and prosecutors who do not have a legal duty to act in a suspect’s best interest.
A serious criminal charge can have a defendant fighting for his or her fundamental freedom. Do not gamble while your freedom is at stake! Contact a skilled and knowledgeable Lead Counsel Criminal Defense Lawyer in your area today, who will stand up for your legal rights and fight for your exoneration.