Criminal Law

Criminal cases are brought by a prosecutor on behalf of the state or federal government, not by the victim. Offenses range from infractions and misdemeanors, punishable by fines or up to a year in jail, to felonies carrying longer prison terms. The prosecution must prove guilt beyond a reasonable doubt, and the accused has constitutional rights along the way: to remain silent, to a lawyer, to be free from unreasonable searches, and to a jury trial for serious charges. Most cases end in a plea agreement, which is why early legal advice often matters more than the trial itself.

If you are arrested, questioned as a suspect, or told you are under investigation, talk to a defense lawyer before you talk to the police. Anything you say can be used against you, and many cases are decided by statements made in the first hours.

You have a right to a court-appointed lawyer if you cannot afford one and face possible jail time. Private defense attorneys usually charge a flat fee per stage of the case, such as through arraignment or through trial, rather than by the hour. Ask what the fee covers and whether the lawyer regularly appears in the court where your case is filed.