What is Criminal Defense Law?
Criminal defense law involves representing individuals and organizations charged with criminal offenses. Criminal defense attorneys protect clients' constitutional rights, challenge evidence, negotiate plea bargains, and provide representation at trial. The stakes in criminal cases are high, potentially involving loss of freedom, reputation, employment, and civil rights.
The criminal justice system is adversarial, with prosecutors representing the state and defense attorneys protecting the accused. Every defendant is presumed innocent until proven guilty beyond a reasonable doubt - the highest burden of proof in our legal system.
Types of Criminal Charges
Felonies
Punishment: Over 1 year in prison
Examples:
- Murder and manslaughter
- Sexual assault
- Armed robbery
- Drug trafficking
- Grand theft
- Aggravated assault
Consequences: Loss of voting rights, gun rights, professional licenses, immigration consequences
Misdemeanors
Punishment: Up to 1 year in jail
Examples:
- DUI/DWI
- Simple assault
- Petty theft
- Drug possession
- Disorderly conduct
- Trespassing
Consequences: Criminal record, employment issues, license suspension
Infractions
Punishment: Fines only
Examples:
- Traffic violations
- Littering
- Jaywalking
- Noise violations
- Building code violations
Consequences: Usually no criminal record, but can affect driving privileges
Your Constitutional Rights
🛡️ Know Your Rights
- 4th Amendment: Protection from unreasonable searches and seizures
- 5th Amendment: Right to remain silent, protection from double jeopardy
- 6th Amendment: Right to attorney, speedy trial, jury trial, confront witnesses
- 8th Amendment: Protection from excessive bail and cruel punishment
- 14th Amendment: Due process and equal protection under law
Miranda Rights:
- You have the right to remain silent
- Anything you say can be used against you
- You have the right to an attorney
- If you cannot afford an attorney, one will be provided
Criminal Justice Process
- Investigation/Arrest: Police investigate crime, may arrest with probable cause
- Booking: Fingerprints, photos, personal information recorded
- Initial Appearance: Within 24-48 hours, informed of charges, bail set
- Arraignment: Formal charges read, enter plea (guilty/not guilty/no contest)
- Discovery: Exchange evidence between prosecution and defense
- Pre-Trial Motions: Challenge evidence, seek dismissal, change venue
- Plea Bargaining: Negotiate resolution without trial (95% of cases)
- Trial: Jury selection, opening statements, evidence, verdict
- Sentencing: If convicted, judge determines punishment
- Appeal: Challenge legal errors in higher court
Common Defense Strategies
Innocence
Straightforward claim that you didn't commit the crime. May include alibi evidence showing you were elsewhere.
Self-Defense
Use of reasonable force to protect yourself or others from imminent harm. Force must be proportional to threat.
Insanity Defense
Unable to understand wrongfulness of actions due to mental disease or defect. Rarely successful, may result in psychiatric commitment.
Constitutional Violations
Evidence obtained illegally (illegal search, coerced confession) can be suppressed and cannot be used at trial.
Insufficient Evidence
Prosecution fails to meet burden of proof beyond reasonable doubt. No need to prove innocence.
Entrapment
Law enforcement induced you to commit crime you wouldn't have otherwise committed.
Consequences of Criminal Conviction
Immediate Consequences:
- Imprisonment or jail time
- Fines and court costs
- Probation with conditions
- Community service
- Restitution to victims
Long-Term Collateral Consequences:
- Criminal record affecting employment
- Loss of professional licenses
- Ineligibility for certain jobs
- Housing discrimination
- Loss of voting rights (felonies)
- Loss of gun rights
- Immigration consequences
- Difficulty obtaining loans
- Child custody impacts
- Sex offender registration
When to Hire a Criminal Defense Attorney
- You've been arrested or charged with a crime
- Police want to question you about a crime
- You received a target letter or grand jury subpoena
- You're under investigation
- You violated probation or parole
Benefits of Legal Representation:
- Protect your constitutional rights
- Navigate complex legal procedures
- Negotiate with prosecutors
- Challenge evidence and witnesses
- Develop defense strategy
- Minimize penalties
- Handle all court appearances
- Access to expert witnesses
- Possible case dismissal
- Better plea bargain terms
Frequently Asked Questions
Should I talk to police without a lawyer?
No. Politely invoke your right to remain silent and request an attorney. Anything you say can be used against you, even if you're innocent. Police can lie during questioning, and statements can be misinterpreted.
What's the difference between jail and prison?
Jail is for sentences under one year and pre-trial detention, run by counties. Prison is for felony sentences over one year, run by state or federal government.
Can I get my record expunged?
Possibly. Eligibility varies by state and offense. Generally available for minor offenses, first-time offenders, and after waiting periods. Some convictions can never be expunged.
What happens at arraignment?
Formal charges are read, you enter a plea (guilty, not guilty, or no contest), bail is reviewed, and future court dates are set. Always plead not guilty initially to preserve your rights.
What is a plea bargain?
Agreement to plead guilty to lesser charges or receive lighter sentence in exchange for avoiding trial. About 95% of criminal cases resolve through plea bargains.
How much does a criminal defense lawyer cost?
Varies widely. Misdemeanors: $1,500-5,000. Felonies: $5,000-25,000+. Complex cases can exceed $100,000. Public defenders are free for those who qualify financially.
State-Specific Criminal Law Resources
DUI laws vary significantly by state. We have detailed guides for specific states covering BAC limits, penalties, license suspension, and defense strategies.
Select your state for detailed information: