Criminal Defense Frequently Asked Questions
Q: What is a criminal lawyer?
A: A lawyer whose primary function is to represent criminal defendants.
Q: What is criminal law?
A: The body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishments for convicted offenders.
Q: What is a felony?
A: A serious crime usually punishable by imprisonment for more than one year or by death.
Q: What is a misdemeanor?
A: A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement in a place other than prison.
Q: What's the difference between a felony and a misdemeanor?
A: Crimes are generally categorized into two major groups-felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor.
Q: What is the "presumption of innocence?"
A: All people accused of a crime are legally presumed to be innocent until they are convicted, either in a trial or as a result of pleading guilty. This presumption means not only that the prosecutor must convince the jury of the defendant's guilt, but also that the defendant need not say or do anything in his own defense. If the prosecutor can't convince the jury that the defendant is guilty, the defendant goes free.
Q: I am under investigation for a crime. Should I consult an attorney even though I have not been formally charged?
A: Absolutely! Your rights is to remain silent until you have an attorney present. You should always have an attorney present during questioning. Any information obtained during an investigation can be used to obtain warrants, make arrests, formally file charges or even convict you. It is in your best interest to have an attorney present.
Q: Is it legal for the police to search my home without a warrant?
A: This depends on the circumstances. Contact us for an initial consultation.
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