Criminal Law

What Are Felonies, Misdemeanors, and Infractions?

Crimes are classified according to the seriousness of the offense, and penalties are set accordingly.

Misdemeanor Crimes: Classes and Penalties

Most states and the federal criminal code have classified their misdemeanors into classes or levels.

Felony Crimes: Classes and Penalties

Most states divide felony crimes into various classes or levels, while others set the penalty on a crime-by-crime basis. Learn how these classifications work and how to find the penalty for a felony charge.

State Crimes vs. Federal Crimes

Just as state legislators pass laws that define and penalize crimes under state law, Congress also defines and penalizes acts that constitute federal crimes.

Your Rights When Dealing With the Police

Should you speak with the police officer? Should you let the officer search your home or car? And what happens if you don’t?

Your Rights If Arrested

There’s more to an arrest than taking a suspect into custody. Arrests trigger legal (and emotional) after-effects that include detailed and specific police responsibilities

What Is the Witness Protection Program?

Acting as a witness in a case can sometimes be a dangerous activity, especially when there are people who don't want you to talk. Witness protection programs exist to ensure witness safety and protect witnesses from those who would harm them for testifying. These programs exist at both the federal and the state level, though the federal program is the most well known.

When Can the Police Search My Car?

The constitution says that you have a right to be free from unreasonable searches of your home, your person, and your car. Car searches rarely involve a search warrant issued.

What's the Difference Between an Arraignment and a Trial?

An arraignment is a court hearing in which defendants are told of the charges against them. At a trial before a jury or a judge, the prosecutor must prove that the defendant committed the crime.

What Is the Difference Between Civil and Criminal Court?

There are several important differences between civil and criminal court. In general, civil courts are designed to resolve differences when private individuals or businesses can no longer reach an agreement on their own. Criminal courts are designed to determine whether a person has violated a criminal law, and if so, punish the offender.

What Is the Bench Trial Process?

A bench trial is tried to a judge only—there's no jury. Learn how bench trials work in criminal cases and why a defendant might choose to go that route over a jury trial.

What Is a Prima Facie Case?

You’ve heard the term used on “CSI” or “Law and Order” but what does it mean? It’s not just decorative legalese to impress the uninitiated. It is an early and essential part of every legal action, and has particular significance in criminal cases. What is a Prima Facie Case? The term translates

What Are Mitigating or Extenuating Circumstances?

Mitigating circumstances (such as a defendant's young age or lack of a criminal record) could convince the prosecutor or judge to cut the defendant a break.

Expunging or Sealing an Adult Criminal Record

Even years after a criminal conviction, a criminal record can interfere with your ability to obtain employment, housing, and professional licenses. Is it possible to clear a criminal record after an arrest or conviction?

Sealing a Federal Adult Criminal Record

If you were convicted in federal district court of a federal offense, in theory you may appeal to a federal district court judge to expunge your record. Federal judges have the power to expunge any record of conviction, but they rarely exercise it.

Can Potential Employers Access My Criminal Record?

Learn how an employer can find your criminal record and use it when making hiring or retention decisions.

Getting an Attorney to Handle Your Criminal Case

Within the criminal justice jungle, a defense attorney serves as the defendant’s guide, protector, and confidant. Defense attorneys are usually grouped in two camps: court-appointed attorneys paid by the government; and private attorneys paid by the defendant.

Using a Court-Appointed Criminal Defense Lawyer

Most criminal defendants are represented by court-appointed lawyers who are paid by the government. This section explains who these attorneys are, who is entitled to receive their services, and the type of services you are entitled to expect from them.

Qualifying for Free Legal Services

A defendant who wants a free lawyer must ask the court, and provide personal financial information Each state (or even county) has its own rules about who qualifies as indigent.