Criminal Law

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CRIMINAL DEFENSE

More likely, if you are reading this section, you are in real trouble. Whether you are a corporation or an individual charged with a crime, do not take a chance with a general practicing attorney. You need a lawyer who specializes in criminal defense. The actions you take in the initial stages of an investigation or arrest can have a significant impact on the outcome of your case. Our judicial system can be overwhelming and frightening. Jail sentences are getting significantly longer and more people who are accused of crimes are going to jail more frequently. If you are facing a criminal charge, you are competing against experienced prosecutors, police, detectives, investigators, and a massive amount of other government resources. The odds against a defendant are never equal to the strength and financial ability of the state. If you are facing the possibility of being accused or convicted of a crime, you need to contact an experienced criminal defense lawyer as early in the process as possible. You need to be aware of your constitutional rights and protect yourself. You should contact a criminal defense lawyer even before the police start questioning or investigating their case. An experienced and skilled attorney can help protect you and your constitutional rights. 

Due Process

Whether you are dealing in Federal Court or State Court, our criminal justice system is complex in both substance and procedure. Each state has its own rules of procedure that dictate the methods, behavior, and process of the courts, judges, lawyers, prosecutors and police. On occasion, these processes change. There is no better reason to use an experienced and seasoned criminal defense lawyer to defend you. 

Constitutionally, all people in the US are afforded “Due Process” of law. The Due Process clause guarantees us certain protections regarding the procedures the government will use to use to charge and prosecute a defendant. Among these rights are the right to reasonable notice of proceedings, a right to a fair and impartial jury, the right to a reasonable bail, the right to competent counsel and the right to confront the witnesses who testify against you. 

Bail 

After you have been arrested, the courts will usually set a Bail amount. Bail is a certain amount of money or adequate security to assure the court that you will return to face the charges alleged against you at trial. If you do not or cannot post bail, the chances are that you may stay in jail until the trial date, which sometimes can be years away from the date of the arrest. If you are eventually found to be innocent or resolve your case in a manner that requires no jail time or less jail time than you have already done, you will have lost that time. Some court do allow you to apply jail days to the court fines by asserting a pay-per-day approach such as you would be credited up to $75 per day against any fines or fees for the amount of time you were in jail. 

Typically, if you do not post the bail, you can apply to the court for a bail reduction hearing, whereby you or your attorney ask the court to lower the bail amount. The court will consider several arguments from both the Prosecutor and the Defense counsel in setting the bail amount. Among those considerations are you r past criminal history, the nature if the crime alleged against you, your level of participation in the alleged crime, the length of the possible sentence or fines that may be levied against you, the weight of the evidence against you, the risk that you might flea or abscond from the jurisdiction, and other similar issues. Then, the courts balance those factors with arguments such as your lack of previous court involvement, your stability in the community, whether you own your home, if you have family in the jurisdiction, your level of contacts in the community, the length of time you have levied at your present address, the length of time you have been employed, if you possess any professional licenses and any other factor to suggest that you are a stable person and less likely to flea, and more likely to return to the court to face the allegations. More serious charges such as murder, aggravated robbery, and certain weapons cases are non-bondable. That means that you must wait in jail until your case has concluded.

Most court also allow you to post a bond in lieu of actual cash bail. To obtain a bond, you would normally contact a bail bond agent. The bail bond agent typically requires that you pay them between 5% and 10% of the required amount due to the court in return for the bail bondsman issuing a note (promise to pay) to the court for the entire amount needed for posting the bail. For example, if your bail is set at $10,000, the Bail Bond Agency would post the $10,000 for you in exchange for roughly $1,000 in cash, and some good credit or assurances that you will refund the entire amount to the bail bonds agency if you fail to appear. Money paid directly to the court is normally refunded to the person(s) who paid it after the case is resolved. Money paid to a bail Bondman is never refunded. Usually, they will require a co-signer with good credit or a person that owns real- property to assure them that you will return. If you do not appear in court when ordered to do so, the court will require that the Bail bond Agent pay the court the full amount that you defaulted on and revoke your bail. The bail bonds agency will then go after you and your co-signors to get the money back.

Bail is merely an insurance policy that guarantees the defendant’s return and appearance in court. If the defendant fails to appear in court, the court will declare that the bail is "forfeited" – This means the court will keep the cash or collects on the insurance bond. The judge will then issue a warrant for your arrest. 

MISDEAMEANORS AND FELONIES 

Most states consider a misdemeanor a crime for which the maximum possible punishment is incarceration for one year or less. In other jurisdictions, a misdemeanor is defined as a crime punishable only by fine or by incarceration in a jail. Additionally, some states have different classes of misdemeanors. For example, "petty offenses" are considered as a lower grade misdemeanor because they are punishable by six months or less in jail. Some of the misdemeanor crimes have a maximum penalty of up to 90 days in jail, while higher grade felonies have a maximum penalty of up to one year in jail. Misdemeanors are crimes that are usually less violent or involve lower levels of harm than felonies. In theft case and in drug case, they usually involve less money or value, or low level drugs. The legal procedures for misdemeanors are usually simpler than for felonies, the penalties less severe. However, you can never neglect the serious long-term consequences of a guilty conviction. You could lose your license, your job, not be able to get employment, have a public record, loose federal or state financial aid, pay substantial fines, and even lose the ability to qualify for governmental housing. Additionally, you may be forced to forfeit property or a vehicle if the court determines that it was used in the commission of a violation or is the proceeds from the alleged criminal activity. There is no federal right to a grand jury for a misdemeanor and the court procedures may be more relaxed than those for felonies. 

Indigent defendants are generally only eligible for free legal counsel when the misdemeanor charges can result in imprisonment upon conviction. Some jurisdictions only allow a court appointed attorney if the charge carries the possibility of incarceration of at least 90 days or more. Moreover, most courts do not allow a Jury trial for misdemeanors if the maximum penalty does not exceed six months or incarceration. 

If you have been charged with a crime on any level, do not leave your future to fate. You need to hire an experienced and knowledgeable attorney to represent you.  

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Felonies

Federal law and most state laws define a felony as a crime that is punishable by imprisonment of more than one year. Other states define a felony as a crime that is punishable by death or a prison sentence served in a state penitentiary. Typically, the most serious crimes, such as racketeering, weapons charges, crimes of force or violence, drug distribution or large financial crimes are classified as felonies. Some states also break down the class of felonies to higher and lower felonies. For example, some states consider a 4^th degree felony a crime that is punishable by 3 years or less incarceration, a third degree felony which is punishable by up to five years incarceration, a 2^nd Degree felony which is typically punishable by up to 10 years incarceration, and 1^st degree or class 1 felony which is punishable by up to 20 years or more. Examples of higher level felonies include murder, rape, arson, burglary and kidnapping and large scale drug distribution charges.