Criminal Law

The established methods and practices used to resolve criminal cases are embodied in a set of rules referred to as "criminal procedure." The rules of criminal procedure are designed to ensure that an accused is given due process of law.

WHY IS "CRIMINAL PROCEDURE" DIFFERENT FROM "CIVIL PROCEDURE?"

In criminal matters, action is taken by the "state" (a federal, state or local government agency) against an individual or an organization (including, but not limited to, a group of individuals, "business" or other entity) for violation of law. Someone convicted of a crime can be ordered to pay a fine, can be put on probation or to serve time in jail. The sentence imposed upon a defendant who pleads or is found guilty is meant to deter that person from acting in the same manner in the future, to deter others from acting in a similar manner, and to punish the criminal.

In a civil matter, the controversy is between two or more "people" (including individuals, businesses or government agencies). The typical result is an award of a money judgment to be paid by one party to the other. The judgment is imposed to make the aggrieved person "whole" for the harm that has been caused by the other. The judgment in a civil matter does not include imposition of a criminal sentence.

The rules of civil procedure are different from that of criminal procedure because the results and objectives of the litigation differ.

WHAT IS A "CRIME?"

A crime is any act that violates the law. The definition of the prohibited act (or the failure to act in a manner that has been mandated) is set forth in writing by local, state and federal governments (in the form of a published statute).

CLASSIFICATIONS AND PENALTIES

Crimes are placed in different classifications based on their severity and penalty.

• Misdemeanors are the "smaller" offenses that do not provide for penitentiary time as punishment. They are divided into three categories; A, B and C.
  
  
  • Class C misdemeanors have fines up to $500 and no jail time. These offenses are the ones for which officers write tickets.

  • Class B misdemeanors can have fines up to $2,000 and 180 days in the city jail.

  • Class A misdemeanors can have fines up to $4,000 and one year in the city jail.

• Felonies are divided into four classes as follows:
  • State Jail Felony. This is the lowest class of felony and carries a fine of up to $10,000 and up to two years in a state jail facility.

  • 3rd Degree Felony. This carries a fine of up to $10,000 and from two years to ten years in the penitentiary.

  • 2nd Degree Felony. This carries a fine of up to $10,000 and from two years to 20 years in the penitentiary.

  • 1st Degree Felony. This carries a fine of up to $10,000 and from five years to 99 years or life in the penitentiary.

• Capital Crimes carry either Capital Life (40 years before eligibility for parole) or the death penality.

WHAT TO DO IF YOU ARE ARRESTED

If arrested, the first thing to remember is that the police believe you are guilty and are trying to gather evidence to prove themselves correct. Avail yourself of your Fifth Admendment right. Do not give a statement and immediately ask for your attorney. Do not talk to anyone about your case, your alibi, or your defense. Other individuals can and will tell the police and may testify against you in order to get a better "deal" for themselves.

Remember, it is the State's job -- through police and the District Attorney -- to prove you are guilty beyond a reasonable doubt. The only person who stands between you and them is your Attorney. This person is your only advocate whose sole duty is to protect you.