Understanding A Criminal Case: The Basics You Need To Know

If you or someone you know has been charged with a crime, it’s important to understand.

This article from New Port Richey criminal defense attorneys will provide you with the basics of criminal cases to be better informed.

Every state has different laws, so consult an attorney if you have specific questions about your case. But, in general, this is what you can expect:

What Is A Criminal Case?

A criminal case is a legal proceeding where the state prosecutes an individual for committing a crime. The different types of cases that can be heard in courtrooms across the country are:

Felonies – these are the most serious crimes and can result in imprisonment for more than one year;

Misdemeanors – these are less serious crimes and can result in up to one year in jail;

Infractions – are minor offenses such as traffic violations; they usually result in a fine but not jail time.

What Are The Steps Of A Criminal Case?

The steps of a criminal case are:

Arraignment

This is the first court appearance where the charges are read, and the defendant enters a plea of guilty or not guilty;

Pretrial hearing

This is a meeting between the attorney and the judge to discuss evidence, scheduling, and other matters;

Trial

This is where both sides present their cases and witnesses testify; if the defendant is found guilty, sentencing will follow.

How Does Someone Become Charged With A Crime?

For someone to be charged with a crime, they must first be arrested. This can happen if an officer witnessed the crime, if there was a warrant out for their arrest, or if they confessed to committing the crime.

Once someone has been arrested, they will be “booked” when their personal information is recorded and photographed. After booking, the individual will be arraigned.

What Are Some Common Defenses Used By Those Accused Of Committing Crimes?

There are a few common defenses used by those accused of committing crimes:

1. Self-defense

This can be used if the defendant reasonably believed that they or someone else was in danger of being harmed

2. Insanity

this can be used if the defendant could not distinguish between right and wrong at the time of the crime;

3. Coercion

This can be used if the defendant committed the crime because they were threatened with violence.

How Does The Criminal Justice System Work In America?

The criminal justice system in America is designed to protect defendants’ rights while also ensuring that justice is served. This system includes several different players:

Law enforcement officers – are the individuals who investigate crimes and make arrests.

Prosecutors – are the individuals who charge defendants with crimes and try to prove their guilt in court.

Defense attorneys – Defense attorneys are the individuals who represent defendants and try to disprove the prosecutor’s case.

Judges – these are the individuals who preside over trials and sentence defendants if they are found guilty.

What Rights Do Defendants Have When Facing Criminal Charges?

Defendants have some rights when facing criminal charges, including:

1. The right to remain silent

This means that defendants cannot be forced to incriminate themselves.

2. The right to an attorney

This means that defendants can have an attorney present during questioning and trial.

3. The right to a trial by a jury

This means that defendants can have their case decided by a group of their peers.

What Are Some Common Penalties For Those Convicted Of Crimes?

The typical penalties for those convicted of crimes are:

Fines – these are monetary penalties imposed on defendants;

Probation – this is when defendants are released from custody but must follow certain conditions set by the court;

Jail time – this is when defendants are incarcerated for a period of time;

The death penalty – is the most severe punishment and is reserved for the most serious crimes.

Final Thoughts

In conclusion, it is crucial to understand what is a criminal case and the different steps involved in the process. According to New Port Richey criminal defense attorneys, it is vital to know your rights if you are ever accused of committing a crime. If you are convicted of a crime, there are many different penalties that you may face. It is important to seek legal assistance if you have been charged with a crime to ensure that your rights are protected.

Read Also:

• Understanding The Difference Between Civil Lawsuit & Criminal Lawsuit
• Will A DWI Affect One’s Employment – How Can A Lawyer Protect You?