If you or a loved one has been accused of a crime, you undoubtedly have a number of questions and concerns about your legal rights and options. The following are some frequently asked questions about criminal law cases.

• What are my rights if I have been accused of a crime?
• What should I do if I have been arrested?
• What should I do if I get a call that a loved one has been arrested?
• How do I get out of jail after an arrest?
• Why should I hire a criminal defense attorney?
• What is the difference between a misdemeanor and a felony?
• What types of punishments do I face if convicted of a crime?

What are my rights if I am accused of a crime?

If you're accused of a crime you have rights guaranteed by the US Constitution. These rights include: the right to remain silent and avoid self-incrimination, the right to competent legal representation, the right to reasonable bail, right to a fair and public trial, the right to be informed of the charges against you, the right to be confronted with the witnesses against you, the right to gather your own witnesses, the right to challenge how the evidence against you was gathered or taken, and there are many other rights.

A criminal defendant is presumed innocent until proven guilty. This means that the prosecutor has the burden of proof (beyond a reasonable doubt) that you committed the criminal act(s) that the government is accusing you of. A defendant does not have to do or say anything. You do NOT have to prove you are innocent. The prosecutor must prove that you are guilty.

There are also laws that limit the government's rights of search and seizure. For example, law enforcement must obtain a search warrant before they are allowed to search a specific place, at a specific time, for specific persons, evidence, contraband and other items. But it's important to know that in many other situations, police do not need a warrant to search or arrest you.

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What should I do if I have been arrested?

If you have been arrested, you should truthfully answer all questions about your identification-- name, address, and birth date truthfully. This is called "pedigree information" and questions about your name address and birth date are not considered interrogation. But remember that you have the right to remain silent about anything else and you should not answer self-incriminating questions. That doesn't mean you shold lie, though. Lying is not a good idea. Neither is it smart to give officers a hard time during the arrest process. It will usually just make the situation tougher on you.

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What should I do if I get a call that a loved was arrested?

Gather as much information as possible about the arrest. Write it down. The following informatino can be be useful to a defense attorney: The name, birth date, and social security number of the arrested person; What are the charges?; Which law enforcement agency made the arrest?; Where is the arrested person being held?; Has bail been set and, what is the amount of bail?

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How do I get out of jail after an arrest?

If bail has been set, to get the person out of jail it's necessary to pay the bond for his or her release. A bail bond is like insurance; it is meant to provide incentive for the defenant to attend the legal proceedings. The incentive takes the form of losing the money or properyt used to secure release, if the defendant fails to arrive at the courthouse on time. Failure may result in forfeiture of the bond, the issuance of an arrest warrant and the loss of subsequent bail privileges. In certain criminal cases bail may be denied. If the judge decides that there is a high risk that the defendant will flee the jurisdiction, bail will be relatively high and may be denied completely. In cases alleging murder, a high risk of flight is almost always assumed, and bail is routinely denied. When someone is held without bail, the person is considered to be "remanded to custody." Bail is a critical component to a prosecution. Statistics show that the prosecutor has a better chance of securing a guilty plea and subjecting someone to a substantial jail sentence when the person is incarcerated on bail.

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Why should I hire a criminal defense attorney?

The importance of competent legal representation is so great that the Constitution guarantees to every criminal defendant the right to an attorney. A criminal attorney is your best asset after being charged with a crime. Your attorney can be even more important than your own husband or wife. Lawyer are expert in the laws and court customs relevant to your case. Your lawyer can apply this knowledge to protect you, maximize your legal position and prevent greater damage to that position. No matter what your legal situation, a criminal attorney will help you more than you could help yourself by going it alone. In fact, most judges won''t even consider a plea bargain from a defendant without legal representation.

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What is the difference between a misdemeanor and a felony?

Crimes are divided into two general categories: misdemeanor and felony. State law governs which crimes are considered misdemeanors or felonies. Generally speaking, a misdemeanor crime is one where the maximum penalty is one year or less in state prison.

A felony crime is more serious and can result in jail or prison time for more than one year. Felony charges also bring more serious legal repercussions if the defendant is convicted. In some states, under certain circumstances, a crime can be considered a misdemeanor in one state and a felony in another state, depending on the specifics of the case. A qualified attorney can maximize your chance that your crime is charged as a lesser offense and limit the potential damage to your life and reputation that can flow from a conviction..

There is a third catagory of offence called a "violation" or "infraction." A violation or infractoin is not considered a criminal offense. Conviction for either is not a criminal criminal conviction. For example, a parking ticket is an infraction not a criminal charge. Depending on the State where a defendant was arrested and depending on the offence, the allegations may be considered only a violation or infraction, but may also be a crime elsewhere. For example, possessing a small amount of marijuana for personal use in some states may be a misdemeanor punishable by fine. In other states, depending upon how possessed, the same offense may only be a violation, not a crime.

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What punishments do I face if convicted of a crime?

Sentencing varies depending on the location of the case, the crime, the judge (and sometimes jury), and other specifics of the criminal case. Punishment for a particular crime may be governed by federal sentencing guidelines where the judge does not have a big impact on determining the punishment. In other cases, sentence is up to the judge, who will take a variety of factors into account to decide punishment.

The most common punishments for a criminal conviction include: incarceration (in jail, prison, or another detention facility), fines (payable to the State) or restitution (paid compensation to the victim), probation and community service. Other penalties may be specific to the criminal case. For example, if convicted of a DUI or DWI you may be required to attend a DUI school or a drug/alcohol treatment program, have a Breathalyzer installed in your vehicle (these systems are called "Interlock" systems), face driving sanctions, and more.

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