The legal system in the United State is divided into two arms. They are civil law and criminal law. Civil law involves covers in which a person brings a lawsuit against another person based on a perceived wrong done to the person by the other individual. This will usually result in a monetary award for damages to the offended individual.
Criminal law, on the other hand, involves the state as the prosecutor bringing a case or action against an individual or entity who is deemed to have violated the law. Punishments in criminal cases can range from a small fine to a prison time or even sentencing to death.
The accused in both cases is referred to as “the defendant”. However, in criminal law, state attorneys and lawyers represent the state and constitute the prosecuting team with the lead attorney referred to as the “prosecutor”. You can read the differences between the two here.
What Constitute a Crime?
Crimes are categorized under three main categories; misdemeanors, felonies or infractions with a felony being the most serious of all and also attracting the stiffest penalties. Misdemeanors are less serious and may be punishable by less than a year in prison while infractions are minor violations that may not result in jail time but a fine or citation. This might be different from state to state as each has its laws and decides what is punishable and to what extent. There are also federal laws.
When accused of a crime by the state, a lot is involved. These can range from theft, to arson, murder, manslaughter, fraud, rape, drug trafficking, drunk driving (DUI), etc. A person accused of any of these and more will need a good defense attorney. The attorney helps to protect and defend the rights of the accused by letting the individual know their rights, explaining the charges that have been brought against them, and building a strong defense strategy. This may involve negotiating plea bargains and filing necessary documents and motions in the court etc.
Like we stated above, a lot depends on each state’s laws. For example, you can check out what constitutes a crime in Pennsylvania, a state located in the Northeastern part of the US, in this article: https://statelaws.findlaw.com/pennsylvania-law/pennsylvania-criminal-laws.html.
It is a serious issue to be charged under the criminal laws of any state so securing the services of a good and dedicated lawyer is critical. This can mean the difference between being acquitted or found guilty and sent to jail.
Criminal defense attorneys or lawyers are mostly barristers that specialize in the defense of persons, companies or any entity that has been charged with a crime by the state. These lawyers are either from a private practice or government-appointed (public defenders employed by different jurisdictions and can be appointed to represent those that may not be able to afford a lawyer). These vary in practice from state to state and even in different jurisdictions.
Knowing Your Rights
When a person is charged with a crime, the individual is presumed innocent and termed “accused”. The prosecutor has the burden of proof to convince the jury beyond a reasonable doubt that the accused person committed the crime. On the other hand, the defendant is not required to prove anything. Their attorney reviews the evidence and tries to identify any loopholes and problems in the prosecution’s case. They present arguments in defense of their clients during hearings usually called trials.
For individuals charged with any crime, knowing their rights is essential. Many constitutional protections are available for such persons. Before charges are filed against them, they are entitled to their constitutional rights and procedures which law enforcement officers must respect. You can check out some of these rights in this article.
These rights protect from violations like wrongful searches, interrogation in the absence of the attorney etc. They also have the right to request for and speak to an attorney who can be present at every stage of proceedings. For those not able to afford a lawyer, the state appoints one to represent them.
Other rights include the right to due process whereby government and its officials follow laid down rules which gives room for the accused to defend themselves before they are stripped of their liberty or property. This can include the right to information about the nature of charges brought against them, the ability to confront and cross-examine witnesses and the right to a fair trial by a jury or judge.
Hiring a Defense Attorney in Harrisburg, PA
As earlier stated, criminal law may differ from state to state but they are relatively constant throughout the United States. Pennsylvania is not any different. It has laws that are both unique to it and also some that are generally accepted countrywide.
If you have been accused of a crime in Harrisburg, the capital city of the state of Pennsylvania including its different counties: Dauphin, Franklin, Cumberland, Lebanon, Perry and York, you can have an experienced criminal defense law firm represent, protect and defend you.
You should ideally look for one with many years of experience in handling criminal cases because you need them to bring their expertise to bear in helping you get acquitted and discharged. Do not delay in contacting one. Employing an attorney builds your confidence as they help you navigate the whole process and answer whatever questions you might have.
Having a lawyer represent you means they are working on your behalf to help you win the case. You should therefore be sure to consult with them regarding any action you may intend to take during the period of your case as this might impact the outcome of the proceedings.
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