Criminal Law

Overview

There are State and Federal Crimes.  State crimes violate State laws and include Assaults, Drugs, Fraud, Thefts, Robbery, Burglary, Gun Possession and Driving while Intoxicated etc.  Usually if you are arrested by State or Local Authority you will be charged with a State crime and prosecuted in a State or Local Court.  Federal Crimes violate Federal law and include Bank Robbery, Mail Fraud, Smuggling, interstate crimes etc.  Usually if you are arrested by Federal Authorities you will be prosecuted in Federal Court.
The Process

Usually after an arrest you are fingerprinted.  Your fingerprint report may take 3 hours to 30 hours to receive depending on the place of arrest, arresting officer and Court.  Ordinarily you will be held in custody until after your fingerprint report is returned, the accusatory instrument is completed and you go before the Court.  In less serious matters you may be released with a Desk Appearance Ticket or Summons and directed to return to Court on a future date.

When you go before the Court you are “arraigned” which means you are formerly told what the charges are and what your rights are.  At this time bail is set.  In more serious cases the defendant in “remanded” which means the Court will not allow the defendant to be released on bail.

Usually a case is adjourned for your attorney to make Motions or to discuss a possible disposition with the Prosecutor.  Motions are made to discover evidence, ask for a Hearing or ask the Court for particular relief.  Sometimes Motions ask for the case to be dismissed.  If Motions are made the Prosecutor responds and the Court issues a decision.  If a Hearing is granted it will be held before your trial.  Most cases are disposed of either by a plea to a lower charge or a dismissal of the charge prior to the trial.  Less than 10% of all cases go to trial.

Cases are usually Misdemeanors or Felonies.  A Misdemeanor is a charge where you can get up to a year in jail.  You can get over a year in jail for a Felony.  There are also offenses or violations where you can receive up to 15 days in jail.  A misdemeanor or a felony is a crime.  A violation or offense is not a crime.  If your case goes to trial you are entitled to a jury of 12 men/women if you are charged with a felony and 6 men/women if you are charged with misdemeanor.

After trial you may be found not guilty.  If you are found guilty you may receive a fine and or probation (3 years for a misdemeanor or 5 years for a felony) and/or jail time.

Defenses

There are a number of defenses that may be raised.  Your arrest, search or even the way that you were stopped may be illegal.  Statements you made or evidence that was seized may be suppressed.  And your case may be dismissed because of the way it was brought or because it violates your right to a speedy trial.  The facts in your case must be carefully reviewed by an attorney with criminal law experience.


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