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Criminal Law Questions
Criminal law encompasses the prosecution or defense of a person accused of breaking the law and directly affects the persons relationship with society and the government. Criminal cases are usually prosecuted by the government. Criminal law includes the prosecution or defense of petty offenses (illegal activities not punishable by incarceration), misdemeanors (less severe crimes) and felonies (severe crimes).
Crimes have clear elements, mandated by Congress or the legislative government, that must be proven, and the jury must believe beyond reasonable doubt that the defendant intended to perform the criminal act that caused the crime. The accused is entitled to due process, equal protection, a jury trial, and the right to remain silent so he does not incriminate himself.
Once arrested, an accused has an arraignment (when a plea is entered, a court date is assigned, and bail is set), a pre-conference hearing where plea bargaining is attempted, a trial, and an appeal process.
After the requisite time period has passed and charges have been dismissed or all sentencing has been served, including payment of fines and parole, expungements may be requested to seal charges so it is not necessary to divulge the conviction to employers, landlords or others. Some limitations exist for expungements depending on the jurisdiction, the number of convictions and the crime.
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