Criminal Defense FAQ

Criminal Defense FAQ

If you or someone you know is facing criminal charges, you probably have a lot of questions about the criminal defense process. This article will answer many common questions regarding criminal defense.

What Is The Difference Between A Felony And A Misdemeanor

Under criminal defense law, there are two classifications of crimes: Felonies and misdemeanors.

A felony is a serious crime against either people or property that often is punishable by at least a year in prison. Examples of felonies include:

  • Murder
  • Rape
  • Kidnapping
  • Arson

A misdemeanor is a less serious crime that often is punishable by less than a year in jail. Examples of misdemeanors include:

  • Simple assault
  • Disorderly conduct
  • Theft
  • Vandalism
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What Rights Do I Have When Being Placed Under Arrest

Those placed under arrest retain a set of rights known as Miranda rights. These rights include:

  • The right to remain silent: This means that you do not have to answer any questions from police or investigators without your attorney present. This right is intended to help prevent you from incriminating yourself.
  • The right to an attorney: You have the right to have a criminal attorney represent you throughout the duration of your case. You usually will be allowed to contact your attorney after you have been booked by the police.
  • The right to a public defender: If you cannot afford a lawyer, you have the right to have one appointed to you by the court. This lawyer is known as a public defender.

What Is A Criminal Defense

You have the right to challenge the weight and sufficiency of the evidence brought against you by the prosecutor, the party in charge of convincing the court you are guilty of the charges against you. These challenges are referred to as your criminal defense.

Criminal defenses usually either attempt to accomplish one of two things. The first is to refute the evidence against you as incorrect or untrue. The second is to admit to the factual allegations but to create a legitimate excuse for your conduct. This latter strategy is known as an affirmative defense.

What Is A Plea Agreement

A plea agreement, also known as a plea bargain, is an arrangement that you and your attorney make with the prosecution where you admit guilt to lesser charges in order to receive a lighter sentence. Not all cases are eligible for plea agreements. Discuss the facts of your case with a criminal defense lawyer for further information.

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