The Basics of Criminal Law You Need To Know
Almost everyone in America has a family member who has interacted with the criminal justice system. Statistics reveal that 1 in 3 Americans carries a criminal record, often due to minor offenses.
These minor crimes can significantly impact an individual’s life despite their nature. Therefore, everyone needs to have a basic understanding of criminal law as a preventive measure or in case of an unfortunate encounter with the law.
This guide aims to help you understand criminal law and is useful for preparing or navigating a criminal case.
Understanding Criminal Law
Criminal law is the branch of law that defines illegal and harmful behaviors. It’s a set of rules created by federal and state legislative organs to maintain social order.
Jurisdiction of a crime depends on its nature and location. Most crimes fall under state jurisdiction, but federal jurisdiction applies to cases involving federal property or cross-state activities. In a criminal case, outcomes can include acquittal, fines, probation, or incarceration.
The Criminal Procedure
The justice system relies on criminal procedure to ensure fairness and transparency and protect legal rights. From initial stop to trial and final sentencing, it is a thorough system that leaves no stone unturned.
At its core, the presumption of innocence reigns supreme. This powerful protection deems you innocent until proven guilty beyond a reasonable doubt, with the burden of proving guilt being with the prosecution.
Each stage of this procedure plays a fundamental role in ensuring justice is served, unraveling the complexity, and separating fact from fiction.
Understanding Stop, Detention, and Arrest
Stop, detention, and arrest are often used interchangeably but are different. A stop is based on ‘reasonable suspicion’ of wrongdoing. A brief stop allows the police a chance to investigate further.
If the officer decides more time is needed for the investigation, you could be detained, also on a reasonable suspicion standard.
“Detention restricts your movement for a short period but does not equate to an arrest. Yet, if probable cause is established during a stop or detention, it may escalate to an arrest,” says attorney David Benowitz of Platinum Criminal Defense Law Firm.
Your Rights When Interacting with the Criminal Law System
The law furnishes individuals with various rights when interacting with the criminal justice system. One such right is the Right to Silence, established under the 5th Amendment, which protects from self-incrimination.
This means you are not obliged to say anything that could be used against you in court. However, this right doesn’t protect you from providing physical evidence.
Another noteworthy right is the right to an attorney, guaranteed by the 6th Amendment. You have the right to legal representation at all stages of criminal prosecution. The court will appoint a public defender if you can’t afford one.
The 4th Amendment protects you against unreasonable searches and seizures. This right prevents law enforcement from searching your person or property without probable cause or a warrant. Nonetheless, this right doesn’t extend to border crossings or airport security searches.
Do You Need a Lawyer?
While you can waive legal representation, it is not advisable. Also, public defenders, though provided for those who can’t afford private representation, often have overwhelming caseloads that limit their ability to provide an effective defense.
On the other hand, hiring a lawyer can significantly increase the chances of a better outcome. They have more time to allocate to your case, legal knowledge, experience, and strategy and can guide you through the complex legal process.
Remember, your liberty may depend on the quality of your representation, so choose wisely.