There are a number of ways in which a person can be charged with a criminal offense, and none of them is pleasant. However, the type of charge determines the degree of penalty for those who are found guilty. The most common types of criminal charges include
- Infraction – a petty offense charged for violating an administrative regulation, ordinance, traffic rule, or municipal code. Penalties usually include fines
- Misdemeanor – a criminal offense of average seriousness. The penalties can include fines and short jail sentences
- Felony – a serious crime that usually includes willful intent or cruelty. The penalties can include costly fines, prison terms of a year or much more, often in a state prison rather than a local jail
Arrest Warrant and Booking
Someone who has committed a criminal offense generally faces an arrest warrant issued by a judge. This warrant can be issued for several reasons, including:
- A crime that was personally observed by a law enforcement official
- Probable cause, in which there is sufficient evidence to be fairly sure the suspect committed a criminal offense
By providing either of those scenarios to a judge, a law enforcement officer can often obtain an arrest warrant that indentifies the crime and the suspect, specifies where the suspect is likely to be found, and provides legal permission for an officer to arrest that suspect.
Once a suspect is arrested and brought into the police station, they are booked or processed. This includes several steps:
- Confirming the personal information about the suspect and their charges
- Obtaining the suspect’s previous criminal record
- Fingerprinting, photographing, and searching the suspect
- Holding the suspect in jail until either bail is posted or they are tried for their crime
State Criminal Charges
State courts deal with crimes committed within the state that do not fall under federal jurisdiction. Federal crimes generally deal with interstate crimes or those affecting national interests or security. Everything else predominantly falls under state jurisdiction. State laws vary greatly from state to state, although the penalties and process can be somewhat similar for similar crimes.
Federal Criminal Charges
Federal crimes originally fell under those laws specifically codified in the federal Constitution. The primary areas under this jurisdiction were:
- The military
- Money
- Foreign relations and treaties
- Tariffs
- Patents, copyrights, and other types of intellectual property
As courts have begun including more offenses dealing with commerce and finances, especially those that deal with interstate trade and transactions. Some of the areas now generally included under federal criminal statutes include:
- Aviation
- Railroads
- Antitrust laws
- Telecommunications
- Pharmaceuticals
Pending Criminal Charges
The Constitutions guarantees that an accused criminal be informed of any pending criminal charges. The 6th Amendment to the Constitution also requires that the final charges on which someone is charged be substantially the same as the original charge or the defendant may have any conviction reversed or vacated. In addition, it is vital that the defendant retain an attorney quickly, since the first steps in the criminal process begin to move speedily. Within 48 hours a defendant is generally arraigned, at which time they are generally required to enter their plea of guilty or not guilty. In addition, with a week to 10 days, they generally face a preliminary hearing. Without an attorney present, they may create more problems throughout those elements of the criminal process. While these elements take place, there may be concerns about attending hearings, meeting with lawyers, and more. However, the law does not allow an employer to terminate an employee with pending charges, as long as those charges are not closely related to the job or any professionally licensed activities. An employer does, however, have the right to suspend an employee in that position. .
Getting a Criminal Charge Dropped
Generally, those who have been arrested for a crime face an uphill battle. Those in the law enforcement community are not anxious to reverse their own decisions or those of other law enforcement officials without a good reason for doing so. Anyone who hopes to have their charges dropped must begin by realizing that they must prepare their case well in order to give officials a good reason to do so. There are several ways of doing this:
- Be fully aware of the charge and the law that was broken. Find loopholes in the charge or the law that apply to this case and convince officials. However, any such plea or defense must be done by a defendant that is respectful, prepared, and businesslike. Emotional outbursts are generally rejected. Talking to the arresting officer within a few days of the arrest may product positive results, even to convincing them to drop the charges or reduce them in some cases
- Learn from others by visiting a courtroom, especially when a similar case is being addressed. Defendants can learn from winning and losing strategies and adjust their cases appropriately. There is much to learn from both winning and losing defendants who have faced the same or similar charges, as well
- Realize that every judge and jury is different. What was a winning case previously may not work every time. There may come a time when a defendant has to realize they have a losing case and fall upon the mercy of the court. They may be willing to reduce the charges even if they will not drop them
In addition, there are a number of specific defenses that can allow a suspect to have their charges dropped or reduced:
- Self defense
- Insanity
- Violating the state statute of limitations
- An alibi
- Entrapment
Defending and Reducing Criminal Charges with Help from an Attorney
Clearly, there are a number of ways to find relief and release from a criminal charge. However, it takes an understanding of the law in order to prepare a sufficiently strong case to cause the judge to drop or reduce the charges. However, a criminal defense lawyer with experience in this area can provide the legal expertise to help anyone charged with a criminal offense find the best defense.
