Criminal Law
Criminal Law is generally divided into two categories – misdemeanors and felonies. A misdemeanor is a lesser crime typically punishable by a fine and potentially up to one year in a local jail. A felony is a serious crime punishable by one year or more in prison or death. Felonies also trigger the right to a public defender if the defendant cannot afford a criminal attorney. The burden of proof to convict a criminal defendant is “proof beyond a reasonable doubt” – a higher standard than a plaintiff’s burden in Civil Court. Other matters covered under criminal law include parole, probation, record sealing and expungement.
Categories
Human nature is hard to change, so hard that even burglary sentences don’t have much effect upon defendants’ future conduct.
Georgia uses a system of discretionary sentencing where most crimes carry a broad range of potential punishments. For instance, a first-time burglary can carry anywhere...
In 2014,My wife and I went to Mexico,We were talked into going to a presentation with Royal Holiday, After a pressure sales presentation for 6 hours we purchased a membership. They promised a lot of things but they were empty promises and there were many lies.
We realized we had made a...
Shoplifting and retail theft may consist of small amounts of money. However, it is a serious crime treated as larceny by the law and taken seriously by retail stores. If you have been caught shoplifting, you may have been told that you will receive a civil demand letter or you might be surprised...
Fraud involves dishonest and deceptive conduct by a person or a party for the purpose of obtaining an unfair and unlawful gain. The act can constitute both a crime and a civil wrong. Detecting fraud can be difficult and sometimes it is never discovered. While knowing the law and your remedies is...
The term “statutory rape” refers to sexual relations with a minor who is under the legal “age of consent.” An act of force is not necessary, only that the act meets all the elements defined by statute. Under the law, young persons below a certain age are not able to give their consent. As a...
Having a criminal record can affect your ability to be hired for certain jobs or obtain a promotion for a job you already hold. You may not qualify for a loan or clear a background check when you apply to rent or lease an apartments. Many people also want to have their criminal record expunged...
When a child or a minor commits a crime, he or she enters the criminal justice system. However, the system treats minors differently than adults. Rather than calling the minor a “criminal defendant,” the special term used to describe this young person is a “juvenile delinquent.”
The Definition...
It can be difficult to assert a successful child abuse defense since criminal charges will typically include the testimony of a child. People tend to be more sympathetic towards children and are inclined to protect them first. The accused may face a challenging uphill battle when fighting abuse...
Bribery is the act of giving or receiving something of value which influences the actions of a government or public official, employee or one who has a legal duty. The recipient of the bribe facilitates or smooths the way to a desired outcome by removing existing obstacles and uncertainty. This...
The penalties and sentencing guidelines for assault and battery convictions are determined by multiple factors. Each state has its own criminal code which defines the criminal charges and relevant sentencing guidelines. In addition to location of the offense, the unique circumstances surrounding...
What is the difference between drug trafficking, distribution and possession? Criminal law doesn’t make a tremendous distinction between the first two terms. A drug charge of “trafficking” commonly refers to distribution and sale of a certain quantity of a controlled substance. A “distribution”...
A “stop” occurs when a police officer investigates a matter by approaching a person who does not feel the freedom to walk away. When a police officer has a reasonable suspicion that someone has or is engaged in criminal activity, such as being armed, an officer may frisk that person for guns...
The Miranda Warning read to a criminal defendant upon arrest generally states that “you have the right to an attorney. If you cannot afford an attorney, one will be provided for you free of charge.” Your "right to counsel" is the right to have an attorney present to help you defend against...
Who determines the punishment after a criminal defendant is convicted of a crime? How can a defendant be sure of receiving fair treatment and not being punished more harshly than other defendants? Is there some flexibility and leniency allowed in the sentencing process? It is important to know...
Alternative sentencing usually provides criminal defendants a way to avoid serving a jail or prison sentence. The most common alternatives include suspended sentences, fines, probation, community service, restitution, deferred adjudication and pretrial diversion programs. A judge will use a...
The process of criminal procedure is similar in all states even though criminal law and penal codes may vary. This is because the purpose of criminal procedure is the same - to determine whether sufficient evidence exists to find you, a person who has been arrested, guilty of a crime. The law...
When several different criminal defendants are facing charges arising from the same crime and are all represented by the same criminal lawyer, those defendants have “joint representation.” These defendants, known as “co-defendants,” are “joined” together in their defense. While it may seem...
An arrest warrant is a legal document issued by a criminal court which enables police officers to arrest and hold a criminal suspect. This article will explain how a case begins with a criminal complaint, is followed by the issuance and execution of an arrest warrant and also covers matters...
The crime of robbery is a felony offense and is considered much more severe than misdemeanor crimes such as disorderly conduct and public intoxication. Robbery is also defined as larceny or the taking of the property that belongs to another person through the use of force or threat of force...
This article will answer frequent questions about criminal charges for shoplifting, petty theft and retail/return fraud.
What is the difference between shoplifting and fraud?
Shoplifting is the theft of merchandise from a store or retail establishment. Return fraud typically involves either (a)...