What Comes Next After the Arrest?

Fri, 16 May 2008 20:23:36 GMT

Have you been arrested for a crime or are you a suspect in a crime? The criminal justice process varies from state to state, and the federal criminal justice system has its own rules, procedures, and terms for processing those accused of federal crimes. However, in many cases, the following outlines the general process involved when you are charged with a crime.

What To Do If You're Arrested

Thu, 03 Dec 2009 18:48:20 GMT

It can be difficult to think clearly after an arrest. Many arrestees are scared about the social stigmas, personal consequences, financial consequences, legal consequences and the affect of the arrest on their families. However, it is important to remain focused and to take the steps necessary to ensure that all of your rights are protected. At the time of your arrest, a police officer should provi

Infraction, Misdemeanor or Felony: What is the Difference?

Fri, 30 May 2008 18:36:24 GMT

Criminal charges and wrongs are typically classified as infractions, misdemeanors or felonies depending on the severity of the wrong.  The more serious the charges, the more serious the punishment usually is as well.

Infractions

Infractions are violati

The Search of Cars at the Time of Arrest

Tue, 19 May 2009 00:06:33 GMT

Things happen quickly when the police make an arrest. Often, the person being arrested doesn’t have time to think about what his or her rights might be because the situation is overwhelming. It is, therefore, important to be familiar with your rights in case you are ever arrested. If you are arrested in or near your car then you need to understand how and to what extent the police can legally search your car at the time

When is a Search Warrant Necessary?

Thu, 16 Oct 2008 21:33:10 GMT

The Fourth Amendment to the United States Constitution protects Americans from unreasonable searches by the government. That means that absent an emergency situation or other legal exception, a police officer must have a search warrant before conducting a search of your person or property.

How a Search Warrant is Obtained

The Fourth Amendment requires that searches be specific and reasonable. That means that a judge will only approve

Miranda Rights: The Who, What, Where, When and Why

Thu, 16 Oct 2008 21:58:24 GMT
“You have the right to remain silent. Anything you say can and will be used against you in a court of law….” And, so begins many police dramas and legal novels. Some fans of police dramas believe that a police officer needs to provide every person whom they stop or with whom they speak their Miranda rights. However, that is not accurate. The Supreme Court has explained who needs to be informed of these rights and when.

What are th

Some Misdemeanor Convictions Eligbile for Dismissal through Victim Compromise Programs

Wed, 16 Apr 2008 17:54:20 GMT

Defendants charged in Arizona with a criminal misdemeanor or a traffic citation may be able to have the charges dismissed under the Arizona Criminal Misdemeanor Compromise program (Arizona Revised Statutes § 13-3981). The compromise program allows victims of certain crimes to compromise or settle the criminal case before it is set for a trial. For instance, if the crime by its very nature gives rise to a mone

What Comes Next After the Arrest?

Fri, 16 May 2008 20:23:36 GMT

Have you been arrested for a crime or are you a suspect in a crime? The criminal justice process varies from state to state, and the federal criminal justice system has its own rules, procedures, and terms for processing those accused of federal crimes. However, in many cases, the following outlines the general process involved when you are charged with a crime.

Initial Consultation With a Criminal Defense Attorney or a Public Defender

Thu, 06 Nov 2008 23:55:17 GMT

A good attorney can often influence the outcome of a legal dispute. However, the skills and expertise of your attorney are, arguably, never more important than they are if you are a criminal defendant. It can be frightening and overwhelming to be arrested for a crime. You may be facing incarceration, a significant fine or both. Therefore, you want to make sure that you find the right attorney to defend you.

The Initial Consultation:

What Happens When You Face Out of State Criminal Charges?

Thu, 16 Oct 2008 21:39:03 GMT
Any kind of criminal charge can be difficult for the accused to manage. However, if a person is arrested and charged with a crime in a state that is not his or her permanent residence then it might be even more difficult to mount an adequate defense.

Jurisdiction

The state in which the alleged crime occurred is the state that has jurisdiction to prosecute the offense. So, for example if you live in New York and you are arrested for drunk

Regaining the Right to Vote Following a Criminal Conviction

Tue, 01 Dec 2009 01:42:19 GMT

In many states, a criminal conviction places restrictions on a person’s voting rights, at least temporarily. While laws differ from state to state as to the nature of voting restrictions, the length of voting restrictions, and the types of crimes that trigger voting restrictions, many state laws provide procedures for the reinstatement of voting rights following a criminal conviction.

Restrictions on Voting Rights

The Preliminary Hearing

Thu, 20 Nov 2008 00:35:07 GMT

It is difficult to be a criminal defendant. If the defendant is ultimately found guilty of the crimes for which he was arrested then few people have compassion for the hardships endured by the defendant while he was standing trial. However, for defendants who are arrested for a crime which they did not commit, a criminal trial can be a real burden.

For that reason, there are many stages to a criminal case that are designed to protect the rights of criminal

Infraction, Misdemeanor or Felony: What is the Difference?

Fri, 30 May 2008 18:36:24 GMT

Criminal charges and wrongs are typically classified as infractions, misdemeanors or felonies depending on the severity of the wrong.  The more serious the charges, the more serious the punishment usually is as well.

Infractions

Infractions are violati

Murders and Manslaughters

Thu, 20 Nov 2008 00:37:18 GMT

If someone commits an action that results in the death of another human being is that person always charged with murder? The answer is not always. The person committing the act can be charged with one of a number of crimes or with nothing at all. Have you ever watched TV or read a news story and wondered why a person was charged with murder instead of manslaughter or murder one instead of a felony murder? The nuances between the different crimes may seem subtle but they are i

Avoiding a Criminal Record

Wed, 14 Jul 2010 15:37:13 GMT

A criminal record can have a lifelong impact on a person that continues long after a sentence has been served. A criminal sentence can cause you to miss time with your family and forever change your closest relationships and in some cases, having a criminal record can affect your ability to obtain future employment, for example. Thus, many people who have been arrested seek to avoid a criminal record.

A criminal record can have a significant effect on an individual’s future even after a sentence is served. For example, it is legal for certain employers to refuse to hire convicted criminals based solely on their criminal convictions. However, there are steps that criminals can take to minimize the future effects of their convictions. Specifically, they can seek to have their criminal re

How Can A Criminal Record Affect Your Job Application?

Wed, 14 Jul 2010 15:40:05 GMT

A criminal record often puts job seekers in a difficult position. Though they may have officially completed their sentences and paid their debts to society, they may find it difficult to get a job with a criminal record. It is, therefore, important for all job seekers with criminal records to understand what a potential employer may find out about them, when a criminal record may prevent them from g

What to do if Police Use Excessive Force

Thu, 27 May 2010 09:47:51 GMT

Police officers are charged with protecting the public and most officers do that. However, as in any profession, there are some officers who do not uphold their responsibilities and instead abuse their authority. Some of these officers use excessive force in situations that do not warrant it.

When

How a Criminal is Sentenced for a Crime

Thu, 16 Oct 2008 21:21:07 GMT

The final phase of a criminal case, absent an appeal, is sentencing. It is during the sentencing phase that the judge decides what a convicted criminal’s sentence will be for the crimes that were committed. There are both objective and subjective factors that come into play during sentencing, making it one of the most important and controversial stages of any criminal case.

How a Judge Decides a Sentence

A criminal sentence most often

Sentencing Guidelines: Fair Sentences or a Denial of Trial by Jury?

Mon, 20 Oct 2008 16:58:39 GMT
In the 1980s, it became apparent to those in the U.S. government that there were wide sentencing disparities in the United States federal court system. Defendants who were convicted of very similar crimes were receiving wildly different sentences. Accordingly, a movement began to develop federal sentencing guidelines. In addition to providing equitable sentences around the country, the sentencing guidelines were meant to impose a specific sentence on defendants. Some cour

What to do if Police Use Excessive Force

Thu, 27 May 2010 09:47:51 GMT

Police officers are charged with protecting the public and most officers do that. However, as in any profession, there are some officers who do not uphold their responsibilities and instead abuse their authority. Some of these officers use excessive force in situations that do not warrant it.

When

Not Guilty by Reason of Insanity

Thu, 06 Nov 2008 18:27:16 GMT

Many television and movie defendants are found not guilty by reason of insanity. However, real criminal defendants are not as successful with the insanity defense as popular media seems to suggest. One study found that the insanity defense is only used in about 1% of all court cases and is only successful in about 26% of those cases. So, only approximately one quarter of one percent of cases in the U.S. judicial system end with a defendant being found not guilty by reason of

Wrongful Incarceration Due to Police Planted Evidence

Tue, 02 Feb 2010 17:45:56 GMT

The American legal system is one of the most revered in the world for the justice that it typically brings to victims and for the fair trials that it is designed to bring to accused defendants. However, the American system of justice only works if every player does its part. That means that the police, lawyers and judge must all comply with the requirements of their oaths and perform their jobs in an honorab

What To Do If You're Arrested

Thu, 03 Dec 2009 18:48:20 GMT

It can be difficult to think clearly after an arrest. Many arrestees are scared about the social stigmas, personal consequences, financial consequences, legal consequences and the affect of the arrest on their families. However, it is important to remain focused and to take the steps necessary to ensure that all of your rights are protected. At the time of your arrest, a police officer should provi

Wrongful Convictions

Wed, 22 May 2013 00:35:33 GMT

Despite the extensive constitutional protections built into the American justice system that make it one of the most progressive systems in the modernized world, it is no secret that some people are accused, and even convicted, of crimes that they did not commit. In a perfect world, the justice system would operate in a manner that would prevent such miscarriages of justice. But in a system whose foundation rests on humans, and inevitable human errors, mistakes do occur.

Police Misconduct Leading to Wrongful Convictions

Thu, 21 May 2009 00:28:11 GMT

While there are many honest and ethical law enforcement officials in the United States justice system, there are also some law enforcement officials who unfortunately commit misconduct with regard to the crimes that they are investigating. Not only do these law enforcement officials adversely impact the credibility of other honest officials, but they can literally destroy the lives of persons who are wrongfully accused and even convicted of crimes. From detectives who do not testi

Wrongful Incarceration Due to Police Planted Evidence

Tue, 02 Feb 2010 17:45:56 GMT

The American legal system is one of the most revered in the world for the justice that it typically brings to victims and for the fair trials that it is designed to bring to accused defendants. However, the American system of justice only works if every player does its part. That means that the police, lawyers and judge must all comply with the requirements of their oaths and perform their jobs in an honorab

Wrongful Convictions Resulting from False Confessions

Sat, 16 May 2009 01:46:08 GMT

In a substantial number of cases involving wrongful criminal convictions, innocent defendants voluntarily plead guilty, or otherwise confess to the crime with which they are charged. While it seems counterintuitive to the normal person to admit guilt to crime that he or she didn’t commit, innocent defendants sometimes erroneously admit guilt for a number of reasons, including fear or intimidation, coercion or duress, impairment, or simple ignorance.

How the False Testimony of Snitches Results in Wrongful Convictions

Sat, 16 May 2009 01:49:10 GMT

In some criminal cases involving wrongful convictions, the main evidence against the defendant is testimony by a police informant, who is commonly referred to as a “snitch.” Unfortunately, in weighing this evidence, a jury may be unaware that the snitch has received favorable treatment or a reduced sentence in exchange for his testimony, or that he regularly has acted as a jailhouse snitch, testifying in multiple criminal cases. In this respect, the snitch’s test

Witness Misidentification

Fri, 15 May 2009 02:41:27 GMT

Witness Misidentification

According to the Innocence Project, a national organization dedicated to overturning wrongful criminal convictions through the use of DNA testing, witness misidentification was the cause of more than 75% of the wrongful convictions that were later overturned using DNA evidence. For various reasons, witness misidentification is a very real human error that can result in people being convicted of crimes that they d

Prosecutorial Misconduct Leading to Wrongful Convictions

Wed, 22 May 2013 00:29:06 GMT

Prosecutors often are under a great deal of pressure to quickly convict criminals, particularly where high-profile or violent crimes have occurred. Combined with the pressures of an elected office, overwhelming caseloads, and an honest desire to seek justice, prosecutors sometimes act unethically with regard to the crimes that they are prosecuting. As a result of prosecutorial misconduct, people have been wrongly convicted of crimes in some cases. There has been no shortage

How Bad Lawyering Can Result in Wrongful Convictions

Fri, 22 May 2009 01:43:32 GMT

While the U.S. Constitution guarantees a defendant the right to representation by an attorney in a criminal case, there is no guarantee that the attorney will be effective, thorough, or even competent. For the majority of defendants charged with serious crimes, coming up with the thousands of dollars necessary to hire a renowned private criminal defense attorney is simply out of reach. These defendants are left with the services of court-appointed counsel, whose abilities and cas

Overturning Wrongful Convictions Through DNA Testing

Tue, 26 May 2009 01:17:31 GMT

While DNA testing is a routine procedure used by prosecutors in criminal cases today, it is still a relatively new technology in the criminal justice system. As a result, a large number of defendants who were convicted of crimes prior to the inception of DNA testing are now seeking DNA testing in order to prove their innocence. While there is no question that DNA testing could definitively prove a defendant’s guilt or innocence in many cases, as shown by the 238 post-convict

Violating Probation

Mon, 12 Oct 2009 13:00:34 GMT

Convicted criminals are sentenced for their crimes. The range of criminal sentences varies significantly depending on the crime committed and the perpetrator’s criminal record. Probation is often part, or all, of a criminal sentence.   Instead of serving jail time during the probation period, the criminal is “out” or “free” on probation under the supervision of a probation officer who is resp

What Happens When You Face Out of State Criminal Charges?

Thu, 16 Oct 2008 21:39:03 GMT
Any kind of criminal charge can be difficult for the accused to manage. However, if a person is arrested and charged with a crime in a state that is not his or her permanent residence then it might be even more difficult to mount an adequate defense.

Jurisdiction

The state in which the alleged crime occurred is the state that has jurisdiction to prosecute the offense. So, for example if you live in New York and you are arrested for drunk

The Juvenile Court System for Minors Accused of Crimes

Thu, 06 Nov 2008 18:25:38 GMT

Almost every state in the United States has established a juvenile court system to handle the legal matters of minors. Typically, these legal matters fall into three categories including: (1) criminal matters; (2) abuse and neglect cases; and (3) truancy or delinquency cases.

The Minor Accused of a Crime

When a minor commits a crime, it is undoubtedly traum

Domestic Violence Law

Wed, 14 Jul 2010 15:44:32 GMT

While the physical effects of domestic violence may be the same as other types of violent crimes, the emotional effects may be far worse. Domestic violence occurs when a crime is committed against a victim by someone with whom the victim is, or previously has been, involved in an intimate relationship or someone who lives in the same household as the victim.   Domestic violence can include any

Double Jeopardy

Thu, 16 Oct 2008 22:03:24 GMT

The Fifth Amendment to the United States Constitution provides, in part, that, “…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” This is known as the double jeopardy clause and it protects people from being tried for the same crime on the same set of facts more than one time by the same government.

While the Fifth Amendment double jeopardy clause only applies to the federal government, the U.S.

What Is The National Sex Offender Registry?

Tue, 21 Oct 2008 18:01:54 GMT

Information about sex offenders from all 50 states is provided in the National Sex Offender Registry. While different states have different requirements as to exactly what should be included on the National Sex Offender Registry, there are certain pieces of information that are required of all sex offenders.   Generally, people who have been convicted of sexually violent behavior and certain other sexual acts or crimes against children are included on the registry. The minimum

The Truth About Perjury

Mon, 12 Oct 2009 13:04:50 GMT

You hear it all the time on TV dramas and in the movies. A person perjures himself thereby creating legal trouble for himself and often for others. Perjury is a crime that carries a significant sentence. It is, therefore, important to understand the truth about what perjury is and what the consequences of perjury are before you testify under oath in any type of proceeding.

Bail For Beginners

Tue, 11 Sep 2012 22:26:11 GMT

When a criminal suspect is arrested there are certain procedures that must be followed. The suspect must first be processed into police custody (booking) and then a determination of eligibility for release must be made. A suspect’s release may be secured in exchange for the posting of a specific amount of money (bail). A suspect may also be released through “own recognizance’”. In other words, the suspect may be released with the promise to appear in cou

The White Collar Crime of Insurance Fraud

Thu, 20 Nov 2008 00:39:48 GMT

Many Americans have many different types of insurance that are designed to protect them from the high financial consequences of certain situations. For example, many Americans pay for automobile insurance, homeowners or renters insurance and health insurance. Those types of insurance policies protect policy holders in the event a qualifying situation such as a car accident, home robbery or illness occurs. Insurance companies can pay out a lot of money to cover those types of

When Does Discipline Become Abuse?

Thu, 06 Nov 2008 18:29:22 GMT

Some types of physical actions are clearly abusive. It is never okay for an adult to sexually abuse a child, provide a child with illegal drugs or to burn or choke a child. However, the line between parental and child abuse is not always that clear.

Many families strongly believe in spanking as a means of punishment, for example. Other families believe that spanking is a form of child abuse. Most states do not have a law that prohibit

Do You Swear to Tell the Whole Truth? The Admissibility of Lie Detector Tests

Thu, 06 Nov 2008 19:40:03 GMT

One of the greatest challenges for the judge and jury in the courtroom is to determine which witnesses are telling the truth. While witnesses must promise to tell the truth before taking the witness stand, judges and juries often hear conflicting testimony that indicates someone is being untruthful.

It might seem like the technology of the polygraph, also known as the lie detector test, could take the guess work out of determining who is lying and who is telli

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What Comes Next After the Arrest?

What To Do If You're Arrested

Infraction, Misdemeanor or Felony: What is the Difference?

The Search of Cars at the Time of Arrest

When is a Search Warrant Necessary?

Miranda Rights: The Who, What, Where, When and Why

Some Misdemeanor Convictions Eligbile for Dismissal through Victim Compromise Programs

What Comes Next After the Arrest?

Initial Consultation With a Criminal Defense Attorney or a Public Defender

What Happens When You Face Out of State Criminal Charges?

Regaining the Right to Vote Following a Criminal Conviction

The Preliminary Hearing

Infraction, Misdemeanor or Felony: What is the Difference?

Murders and Manslaughters

Avoiding a Criminal Record

How Can A Criminal Record Affect Your Job Application?

What to do if Police Use Excessive Force

How a Criminal is Sentenced for a Crime

Sentencing Guidelines: Fair Sentences or a Denial of Trial by Jury?

What to do if Police Use Excessive Force

Not Guilty by Reason of Insanity

Wrongful Incarceration Due to Police Planted Evidence

What To Do If You're Arrested

Wrongful Convictions

Police Misconduct Leading to Wrongful Convictions

Wrongful Incarceration Due to Police Planted Evidence

Wrongful Convictions Resulting from False Confessions

How the False Testimony of Snitches Results in Wrongful Convictions

Witness Misidentification

Prosecutorial Misconduct Leading to Wrongful Convictions

How Bad Lawyering Can Result in Wrongful Convictions

Overturning Wrongful Convictions Through DNA Testing

Violating Probation

What Happens When You Face Out of State Criminal Charges?

The Juvenile Court System for Minors Accused of Crimes

Domestic Violence Law

Double Jeopardy

What Is The National Sex Offender Registry?

The Truth About Perjury

Bail For Beginners

The White Collar Crime of Insurance Fraud

When Does Discipline Become Abuse?

Do You Swear to Tell the Whole Truth? The Admissibility of Lie Detector Tests

Free Computer Crime Articles

Free Criminal Fraud Articles

Free Embezzlement Articles

Free Expungement Articles

Free Identity Theft Articles

Free Insurance Fraud Articles

Free Money Laundering Articles

Free Probation Violation Articles

Free RICO Articles

Free Rape Articles

Free Sex Crime Articles

Free Traffic Violations Articles

Free White Collar Crimes Articles

Free Arizona Criminal Law Articles