Criminal Law Definition
Criminal cases and convictions make up the majority of legal cases.
Whether it is against a business or an individual, being convicted of a crime – even a minor first defense can have long-term effects such as a loss of job, separation from loved ones, heavy fines, and worse.
The mere act of being implicated in a crime, even if innocent, can bring with it a stigma upon on individual that will follow them for life.
For all of the above reasons and more, you need to be protected, and that’s when criminal lawyers can help you the most.
This article will go over the different categories of criminal law, so that if you find yourself in a dire situation, you will be able to categorize what applies to you best, and how to safeguard yourself and even clear the charges from your record.
Table of Contents (jump ahead!)
- Arrests & Searches
- Drunk Driving
- Drugs
- Violent Crimes<
- Parole Probation
- White Collar/Property Crimes
- Best Selling Criminal Law Books
Arrests & Searches
One of the great thing that sets United States law apart from procedures in any other country of the world, are the rights granted to citizens, even when law enforcement places them under arrest.
Remember, you cannot be placed under arrest without a warrant, and your must be informed of all of your rights upon an arrest.
This means that, under the Fourth Amendment you or your residence cannot be searched, an at no time can any of your personal belongings be seized without a prior cause that has been approved by a judge.
That judge must allow a warrant to be served to you by law enforcement officials before any searches or arrests can be made.
Hold this information and always ask the police to make certain they up help their half of the legal process before they do anything.
Drunk Driving
This is one of the most common causes for criminal rulings across the country.
While it is a general rule of thumb that the blood alcohol content (BAC) minimum for an arrest is 0.08% for regular drivers and 0.04% for commercial drivers (truckers, public transportation conductors, etc.), drunk driving laws vary form state to state.
Many states have started enforcing zero tolerance laws, which means that any level of intoxication is cause for criminal prosecution.
This is extended (and in some states, even more severe) if the person under arrest is an under-age driver.
The consequences for being found guilty of drunk driving can range from community service to steep fines, permanent loss of drivers license, and jail time.
Many times, these charges are compounded with traffic violations, and a simple arrest can easily snowball into an insurmountable legal struggle.
Luckily, there are lawyers who specialize in drunk driving arrests who will work with you to clear up the charges and avoid undue consequences.
Drugs
Drug crimes carry with them both state and federal charges – usually resulting in prison time and steep fines, combines.
Generally speaking, drugs are broken out into categories, and you may find charges applied to even legal substances.
Schedule 1 drugs are categorized as substances which are illegal and considered illegal to handle and use, such as crack cocaine, LSD, and heroin.
Schedule 2 drugs are legal to own, such as pharmaceuticals, but are illegal to abuse to sell privately. Schedule 3 is for drugs that are legal to posses, have a low rate of addiction, but are still illegal to abuse or sell privately.
Schedule 4 and 5 drugs are in the least risk category, but are still considered illegal to consume or deal in massive quantities.
Despite classification, arrests for even harmless drugs is subject to federal law and individual states.
The quantity in possession will also determine the charges and possible penalties, which is why it is very important to seek the help of a criminal lawyer experienced with drug crimes in order to help reduce or eliminate what the police have against you.
Considering that drug convictions mean jail time and fines, you will probably be faced with a loss of job and loss of employability.
Violent Crimes
When dealing with violent crime charges, the specifics of the cases may fall under assault, battery, rape, manslaughter, and domestic abuse – to name a few.
Such crimes are considered destructive, and as such, are often considered felonies, as opposed to legal infractions, even for a first time offense.
Remember that when the charges are not out of self-defense, then manslaughter, homicide, and assault are usually viewed by the judge and jury to be destructive and often heinous crimes against people, property, and nature.
As such, many will push for very harsh and often maximum sentencing against people charged with violent crimes.
When the charges go into the territory of kidnapping, rape, and abuse, the penalties often go beyond fines and rehabilitation and end right with imprisonment – sometimes without parole.
If the judge and jury feel the crime warrants it, and the state allows for it, there might also be a push for multiple life terms if not, the death penalty.
If you are faced with any of these charges, you absolutely should seek a criminal lawyer who specializes in violent crimes, because the prosecution will be fighting as hard as it can to get the harshest sentencing for the charges levied against you.
Parole Probation
If you are serving a sentence in prison, you may be let out on parole.
While this is a reprieve from served time, your actions outside of the prison environment are subject to local, state, and sometimes federal law.
This means that you will be monitored very closely for any infractions against the terms of your parole.
You will be subject to drug and intoxication tests, as well as a monitoring of who you communicate with as per the court mandated terms of your parole.
On top of this, if your parole allows you to hold a job, your employer may be asked to give regular reports about your performance, attendance, or anything else in order make sure you a living up to the obligations of your agreement.
In order to feel like you are not being watched every single second of your life, or perhaps get some leeway with what you do in your private life, you should consider at least meeting with a parole lawyer, who can argue certain rights and benefits for you during your term away from prison, or immediately following your release.
White Collar/Property Crimes
These are usually considered crimes where no other people were personally put in harms way, and where no violence was committed.
White collar and property crimes can run the gamut from auto theft to stealing petty cash, all the way up to embezzling and insider trading.
Keep in mind that while stealing a car may be considered a minor infraction, when you get into crimes involving theft of property and money (of any sum) the charges may be considered to be on a state or federal level.
It is for these reasons that white collar and property crimes are usually linked by prosecution to other crimes listed above, in order to make them very tangible and compound the sentencing.
The results of white collar and property crimes can be as little as served community service time, but may also reach as high as steep fines and even federal imprisonment for first time offenses.
Please note that computer crimes, such as fraud, identity theft, cyber-stalking and similar crimes are also being considered part of this category, as well a crossing over into a few of the aforementioned criminal categories, depending on what the ultimate results were of those actions.
Since white collar and property crimes are often linked to other criminal charges by the prosecution, your best bet is to hire a criminal lawyer in order to avoid additional legal battles, and to minimize the charges brought against you, either by individuals, or local, state, and federal law.
From DUI and petty theft, all the way up to insider trading, rape, murder, and accessory – there is very little that isn’t covered by local, state, and federal law when it comes to crimes and criminal charges.
No one wants to face fines, separation from family and loved ones due to prison time, or even harsher sentencing that can be carried out if you are found guilty of a crime.
Even if you are on parole or have completed your sentencing, you want to be able to re-enter the world as a free person, and have as much right to employment opportunities and privacy as you had before your term.
For any and all of the categories and reasons above, criminal lawyers, often specializing in your specific situation, will be able to help you argue your case, reduce the charges and terms of sentencing, or even remove those spot from your record completely.
Many criminal lawyers will not even charge you until they have gotten results in your favor.
Everyone needs a lawyer these days, and if you find yourself with criminal charges against you, or something as simple as being notified that the police want to search your residence, you should have someone who can, at the very least, explain to you why you are facing such things, or have someone to fight for you who already knows the ins and outs of the laws that are being used against you.
You need the advise, training, and help of a criminal attorney who will work with you to do what’s needed in and out of court, when your freedoms are restricted.
You need a criminal lawyer who can work for you and make headway that the average citizen cannot.
You have rights.
Let a criminal lawyer help you keep those freedoms.
Best Selling Criminal Law Books
Criminal Law by Joel Samaha
Best Criminal Law book Criminal Law by Joel Samaha
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Understanding Criminal Law by Joshua Dressler
Understanding Criminal Law by Joshua Dressler
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Criminal Law: Cases and Materials by John Kaplan, Robert Weisberg and Guyora Binder
Criminal Law: Cases and Materials by John Kaplan, Robert Weisberg and Guyora Binder
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Glannon Guide to Criminal Law: Student Manual
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The Criminal Law Handbook: Know Your Rights, Survive the System by Paul Bergman J.D. and Sara Berman J.D.
The Criminal Law Handbook: Know Your Rights, Survive the System by Paul Bergman J.D. and Sara Berman J.D.
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Criminal Law, 5th (Hornbook Series Student Edition) by Wayne R. LaFave (Mar 11, 2010)
Criminal Law, 5th (Hornbook Series Student Edition) by Wayne R. LaFave
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Criminal Law by Joel Samaha (Mar 7, 2007)
Criminal Law by Joel Samaha
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Related articles about Criminal Law
- 2012 Oregon Criminal Law Quiz (mpdtrainer.wordpress.com)
- Op-Ed Contributors: Paying a Price, Long After the Crime (nytimes.com)
- Greenfield shines light on best in criminal law blogging for 2011 (kevin.lexblog.com)
- Trying to Define Criminal Law (socyberty.com)
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Hey There Power,
Very interesting, Civil rules are the sets of regulations and justice that have an affect on the authorized standing of individuals. Civil law, that’s why, is traditionally referred to in comparison to criminal regulation, which is that human body of legislation involving the state versus folks (such as company companies) just where the state relies on the electricity provided it by statutory legislation. Statutory laws are rules agreed on and integrated by the US Legislature. Where by there are authorized choices for sources of motion by people today within just any of these sections of regulation, this falls in the civil realm.
Kindest Regards