Understanding When You Should Hire A Criminal Attorney
The average person is likely to find the legal system of the United States very confusing
. This is largely due to the way that codes are written and the language that legal scribes use when writing these codes. This is why it is always important to hire a qualified and experience criminal attorney to help you if you have to appear in court. However, there are some basic things about the legal system that you might find important to know before you speak to a lawyer.
For example, you might be interested to know that the criminal justice system in the United States is based on two concepts. These are known as: actus reus and mens rae. The former term relates to the "action" of committing a crime while the latter refers to the state of mind while committing a crime. This is important to note because it can affect both the determination of a verdict as well as the sentencing. Leave the details to your criminal attorney, and learn about the different types of crimes so you'll have a brief understanding before sitting down with them.
Just as there are two components of criminal law, there are also two criminal classifications. These are known as misdemeanors and felonies. A misdemeanor is generally regarded as a minor offence that carries a maximum charge of up to one year in prison. This does not include fines and penalties which could range depending on the circumstances of your case. Common misdemeanors include:
*Trespassing
*Obstruction
*Disorderly Conduct
*Minor in Possession of Alcohol
*Driving Under the Influence of Drugs or Alcohol (within certain guidelines)
*Petty Theft and Larceny
Felonies are crimes that are far more serious. Usually a felony involves personal harm to a person or personal property and is dependent upon the intent to harm or damage as well as the amount of harm or damage caused. Because they are more serious, felonies generally carry a minimum sentence of at least one year and could carry fines and penalties that reach millions of dollars. Common felonies faced by criminal attorneys include:
*Murder and Manslaughter
*Assault and Battery
*Rape
*Kidnapping
*Robbery
As you can see, felonies tend to be violent and/or personal, which is why it is important to hire a criminal attorney to represent you in your case.
Despite the number of different types of crimes a person could commit, each and every crime has a very specific set of guidelines that need to be met before they are considered valid charges. A good criminal attorney understands all of these guidelines and will attempt to get your case dismissed by showing poor support for the charge based on the guidelines. Similarly, they might also question the integrity of the other attorney or the evidence they provide.
Finally, hiring a criminal attorney is a good idea because they can negotiate for a more favorable sentence. Whether you plead your case down to a lesser charge or are found guilty, your lawyer can negotiate for a punishment that is easier for you to meet.
by: Jeff Weigang
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