Criminal law cases involve a State or the federal government charging and prosecuting someone for acts or omissions that are legally defined as criminal. Criminal law cases can vary greatly depending on how a crime is defined and punished by a particular jurisdiction. The way a case is handled can differ from municipality to municipality, even within the same State. Criminal laws protect “societal interests” and therefore, unlike civil lawsuits, once a victim signs off on a formal complaint, it is the prosecutor who will decide whether or not to drop the case. Many people are stunned to learn that, even though a victim wants to drop charges, the government will refuse and will even force the unwilling victim to testify at trial.

Criminal law cases also differ from civil cases where a victim brings a lawsuit to resolve legal disputes through negotiation for money or property. Criminal law cases sometimes involve money paid to the state as a fine, forfeiture to the government of property, and occassionally restitution to a victim, but incarceration is also possible punishment. Prosecutors do not consider themselves "collection agencies" for financially abused victims. Many victims never see restitution for losses caused by criminal acts, though the offender may pay fees and fines to the state and even serve a jail sentence.

In criminal law cases, if the crime is serious, it may go before a grand jury that decides if the evidence shows reasonable cause to believe a crime occurred and to continue prosecuting the case. In criminal law cases the accused defendant may be taken into custody by a police officer and can held until bail is decided. Once a bail hearing is decided, it is possible for the defendant to be released while the case continues. Criminal law cases are eventually heard in a trial by jury or before a judge. During trial the prosecution, that is, the government must present a case and must prove beyond a reasonable doubt that the accused is guilty of the crime. Notice that the burden of proof is not "beyond a shadow of a doubt" or "beyond any doubt." In other words, a jury may have doubt and a defendant can still be convicted. The key is not whether doubt exists but whether in the minds of the jurors, the doubt is "reasonable doubt." Defendant are represented by a defense counsel that he or she has personally chosen or that has been appointed by the judge in cases where the defendant is unable to afford a private lawyer..

In criminal law cases, the accused is charged with a misdemeanor or a felony. Misdemeanors are less serious offenses because they carry no more than one year in jail. Felonies are more serious because they carry the possibility of more than one year incarcertaion. There are also different degrees of crimes; first degree is usually the most serious classification of a charge and fourth degree is comparatively less.

In a criminal law case, the burden of proof rests on the prosecution. The defendant is presumed innocent until proven guilty. The defendant also has certain constitutionally protected rights during the criminal prosecution. The U.S. Constitution states that the accused has the right to a speedy and a public trial that is to be heard by a fair and impartial jury; to be informed of the accusations; to be confronted with the witnesses and permiited to cross-examine them; to be allowed to collect witnesses in defense of the charges; and to have the assistance of competent legal counsel in defending the criminal law case.

The prosecution in a criminal law case will present evidence to prove each "element of the crime." Elements" are the building blocks of the illegal act. For example, to be found guilty of robbery, the government prosecutor must prove the following elements: An Intentional act against another using force to deprive the victim of a possession. Prosecutors will 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. If convicted punishment of fines, jail time or both may be based on the severity of the crimes, the status of the victim and the prior record of the accused. To find out more about criminal law cases, please contact us to confer with a criminal law case attorney. Please call us for a free session with a criminal lawyer.

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