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eHow's legal experts discuss criminal law, from restraining orders and capital punishment to sex crimes and domestic violence. Understand the process from the arrest through the trial, as well as the aftermath, including incarceration, parole and probation. Crimes committed by minors falling under juvenile law are also explained in detail. Other legal topics covered via step-by-step instructions in this criminal law section include drug crimes, theft and the basics of criminal law.
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The Constitution's guarantee to a right to a fair trial is universally interpreted as including the right to legal representation. However, the right to an attorney does not amount to the right to...
Criminal defense lawyers provide legal service to people accused of breaking a law (whether state or federal). Defense attorneys perform many tasks relating to a case--from research to...
The job of a public defender is to represent those criminal defendants who cannot afford to hire private attorneys. Public defenders are generally appointed by the court and paid for by the city...
Nearly every country has established one of the two major world legal systems: civil law and common law. Common law is practiced in the United Kingdom and in the United States. Criminal procedure...
A criminal case takes place when a person is arrested for committing a crime. That person, the offender or defendant, is moved through the three components of the criminal justice system: law...
Forensic science or technology means evidence---including models, testing and demonstrations as well as analysis and testimony---that is admissible in court and pertains to a legal matter such as...
When an offense is committed (or alleged to be committed), there are two main ways that it comes to the attention of the prosecutor. The most common way is through the arrest of the defendant by a...
Criminal defense attorneys provide a defense for individuals accused of a committing a crime. These attorneys perform various duties in their efforts to promote their clients' interests before a...
The criminal charges of a convicted adult inmate are a matter of public record in the United States. Though not all states provide a simple method for retrieving inmate information, Arizona is one...
Inmates of American prisons do not have the full constitutional civil rights of an ordinary citizen, but they do receive some protection under the Constitution. Among these rights are the right to...
Forensic psychology is a field where psychology interacts with the legal system. Psychology can be used as evidence in a legal matter or as the consequence of a legal matter and can have a...
Modern criminal trial proceedings evolved through the long history of Western culture, from Biblical underpinnings through British common law. Some elements of criminal procedure, such as basic...
One day, you may be called to testify in a civil or a criminal trial. You will be required to take an oath to tell the truth. The attorney, judge, and at times the other party, will have the...
Hopefully, you will never be accused of committing a crime. However, if you do find yourself listed as the defendant in a criminal case, there are certain things you should do to help yourself...
The U.S. Constitution provides several rights to criminal defendants. While some of these apply to interactions with the police and some apply to criminal punishment, there are five important...
Facing a weeks or months-long trial as a prospective juror? Dreading the loss of income and the constraints on your freedom? Ironically, in the "free-est" country on Earth, we are...
A crime is an action penalized by a fine or imprisonment. Depending on the city, county or state, there are different socially acceptable behaviors, which, if broken, are punishable by law. A...
Trial by jury is the climax of a long and often complex journey through the criminal justice process. It is not the beginning of the journey, nor is it the end of the journey towards resolution of...
The criminal justice system relies on the adversarial nature of the prosecution and the defense. In order for the system to be fair, everyone, even the worst criminals, deserve their day in court....
Criminal justice is the system of law enforcement, attorneys, the courts, the prison system and the parole and probation system that are directly involved in the investigation, arrest, trial,...
An arrest takes place once a person is in police custody and unable to leave,. A series of laws follows an arrest. The Miranda Rights must be read to a suspect at the time of arrest. Five...
You've gotten the call that a loved one or friend is in jail and they are asking for your help to get out. During this stressful time, it helps to be well-informed. Bailing someone out of jail...
This article will describe the criteria for testifying for yourself in court. Generally if you are in a criminal trial you should not testify, but there are exceptions.
Unless you're a hardened criminal, the working of our criminal justice system is probably unfamiliar and frightening to you. It is extremely intimidating for the average person to be arrested. Our...
Even if you've never had to purchase a bail bond, you probably know what it is. In simple terms, it's a type of insurance--usually in the form of money or property--paid to the court when a...
The words bail and bond are often confused. Bail refers to collateral given to secure a temporary release from jail for a person charged with a crime. Bond refers to a way to raise bail money if...
Bail bonds are used to get someone out of jail while the individual awaits trial. A preliminary hearing will take place in which he may plead guilty or not guilty. At this hearing, the presiding...
Dealing with a wrongful conviction is a difficult thing to handle once your sentence has been handed down. Despite the innovations of DNA and forensic technology, sometimes the evidence isn't...
Are your new neighbors hiding an unsavory past? Are you worried about the new guy in your daughter’s life? Maybe you’re just plain curious because you saw an article in the newspaper about a...
The most common traffic ticket is probably a citation for running a red light. These days, cops don't even have to be there to cite you. Instead, cameras capture the violation and officers use...
Serving on a jury is your civic duty. Although most people dread getting summonsed and it is a huge interruption to your life, many people end up surprisingly enjoying the actual experience....
You've received a speeding ticket, a building code violation or some other municipal citation, and you have chosen to go to court to fight it. In many states, you can go to a municipal court or...
First degree murder is legally defined as a killing that was premeditated and intentional. Persons found guilty of committing first degree murder face severe sentences in the form of lengthy...
While the statutes defining third degree murder vary considerably from state to state, a good general definition is that any homicide committed with the malicious intention of causing bodily harm,...
One of the challenges inherent in the American legal system is the need to establish an accused criminal's guilt beyond all question. To do this, you'll need to show a jury convincing proof that...
Professionals and academics with highly specific credentials sometimes make themselves available for hire as expert witnesses. Forensics experts, psychologists, psychiatrists and a wide range of...
Professionals and academics with highly specific credentials sometimes make themselves available for hire as expert witnesses. Forensics experts, psychologists, psychiatrists and a wide range of...
First degree murder is legally defined as a killing that was premeditated and intentional. Persons found guilty of committing first degree murder face severe sentences in the form of lengthy...
While the statutes defining third degree murder vary considerably from state to state, a good general definition is that any homicide committed with the malicious intention of causing bodily harm,...
One of the challenges inherent in the American legal system is the need to establish an accused criminal's guilt beyond all question. To do this, you'll need to show a jury convincing proof that...
Going to court for a trial is often a stressful experience. Most people have never experienced a trail before, so they're understandably anxious and possibly frightened. The steps below will help...
Anyone charged with a criminal offense has the right to a speedy trial, free of prejudice and with the guarantee of equitable treatment under the law. While the legal process requires time, you...
According to the U.S. Constitution, every person charged with a criminal offense and facing a criminal trial has the right to be tried by an impartial jury. The jury selection process can vary...
All able citizens over the age of 18 are eligible for jury duty in the United States. If you are summoned for jury duty in a criminal trial, it is your legal responsibility to report to the...
Persons charged with crimes are entitled to a criminal trial to defend themselves against the charge(s) against them. It is absolutely necessary for defendants to sit down with their attorneys and...
Witnesses are vital to both the prosecution and the defense to help establish the guilt or innocence of a defendant in a criminal trial. You should prepare for the opposing attorney to thoroughly...
Having a family member or close friend face a criminal trial can be difficult to deal with. The defendant in the criminal trial will need your help and support as he or she faces court...
Criminal trials and court proceedings are open to the public, unless the presiding judge orders otherwise. If you are interested in a particular case, or if you want to attend a criminal trial...
If you have been found guilty of a crime and you feel that your criminal trial was not conducted according to the letter of the law, you can appeal your conviction. An appeal is not a retrial;...
A mistrial occurs when an error in the legal process invalidates a criminal trial. A mistrial can also happen when a so-called "hung jury" cannot reach a verdict in the case. If the judge declares...