Practice Areas : Business Law
Practice Areas : Appeals & Appellate
Practice Areas : Criminal Law
Practice Areas : Criminal Law
Criminal defence attorneys represent people accused of crimes — from misdemeanours such as theft, assault and drug possession to felony charges carrying years in prison. They also handle bail hearings, pre-charge investigations, probation violations, expungements and post-conviction relief.
Most of the work happens before trial: challenging how evidence was gathered, testing the strength of the state's case, and negotiating charges down where the evidence is strong. Very few criminal cases reach a jury, but the ones that resolve well usually do so because the defence was prepared to try them.
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A red flag law lets a court order the temporary removal of firearms from a person found to pose a significant danger to themselves or others. The orders go by various names — extreme risk protection order, gun violence restraining order, risk protection order — and about 20 states plus the District of Columbia have one.
A stand your ground law removes the duty to retreat before using force in self-defense, in a place where the person is lawfully present. Most US states now follow the rule, by statute or court decision. It does not authorize force that was not otherwise justified — the threat must still be imminent and the response proportionate.
An ex post facto law is a law applied retroactively to conduct that happened before it was passed. The US Constitution bans them in criminal matters for both Congress and the states, in Article I. A legislature cannot criminalize what was lawful when you did it, or increase the punishment after the fact.
Battery is intentional harmful or offensive physical contact with another person, without their consent. The contact does not have to injure — an unwanted shove or spit can qualify. Battery exists both as a crime prosecuted by the state and as a civil tort you can sue over.
Conspiracy is an agreement between two or more people to commit a crime. It is a separate offense from the crime itself, and in most US jurisdictions it is complete once an agreement exists and — where required — one participant takes an overt step toward carrying it out. The planned crime never has to happen.
Criminal law is the body of law that defines offenses against the public and sets their punishment. A criminal case is brought by the government, not by the victim, and it must be proved beyond a reasonable doubt. The possible outcomes are punishment — fines, probation, jail or prison — not compensation.
Double jeopardy is the Fifth Amendment protection against being tried twice by the same government for the same offense. Once a jury is sworn, or the first witness is sworn in a bench trial, jeopardy attaches — and an acquittal after that point is final, however wrong it may look.
Entrapment is a defense available when law enforcement induced a person to commit a crime they were not otherwise willing to commit. Simply giving someone an opportunity to break the law is not entrapment — undercover work, sting operations and decoys are all lawful.