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Criminal law cases are those in which the state or federal government charges and prosecutes an individual for an act or omission which is legally defined as a crime. Crimes are defined by local, state, and federal governments. This means that criminal law cases can vary greatly depending on how a crime is defined and punished by a particular municipality. The purpose of criminal laws is to protect “societal interests”; primarily the safety and well being of citizens.
Criminal law cases differ from civil cases where a victim brings a suit against another (or an organization) to resolve legal disputes through a negotiation for money or property. In criminal law cases money or property may be negotiated, but incarceration is also a possible punishment for the crimes at hand.
In criminal law cases a disposition is filed with the court house and the accused is charged with an offence. If the crime is serious, it goes before a grand jury who decides if the evidence is substantial enough to warrant a trial. In criminal law cases the accused (defendant) is taken into custody by a police officer and held until bail is decided. Once decided it is possible for the defendant to be released while the action is pending. Criminal law cases are heard in a trial by jury or before a judge. During this trial the prosecution (the government) presents its case and must prove beyond the shadow of a doubt that the accused is guilty of the crimes s/he is charged with. The defendant is represented by a defense counsel that has been chosen or appointed by the judge.
In criminal law cases the accused is charged with a misdemeanor or a felony. Misdemeanors are less serious offenses, while felonies are more serious. There are also different degrees of a crime; first degree is most serious and fourth degree is comparatively less. In criminal law cases, felony crimes are punishable by imprisonment for at least one year. First degree felonies are punishable by at least ten to twenty years of incarceration.
In criminal law cases, the burden of proof rests on the prosecution. The defendant is presumed innocent until proven guilty and has certain constitutionally protected rights during this criminal prosecution. The Constitution states that the accused has the right to a speedy and public trial heard by a fair and impartial jury of peers, to be informed of the accusations against him, to be confronted with the witnesses against him and be allowed to collect witnesses in his defense, and to have the assistance of legal counsel in his criminal law case.
The prosecution in a criminal law case presents evidence based on two elements; the act of the crime and the state of mind the alleged criminal was in at the time of the crime. Prosecutors have to prove each element of the crime in order to produce a conviction. The accused retains several legal rights throughout the criminal law case trial. Once (or if) convicted s/he faces punishment of fines and/or jail time based on the severity of the crimes. To find out more about criminal law cases, please contact us to confer with a criminal law case attorney.
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