Understanding Criminal Law: Consequences, Rights, and Impact on Your Life
Criminal law involves any part of the law that violates criminal law. The consequences of a crime may be jail time, fines, or prison time. Depending on the state, juveniles may have different consequences, but may also be tried as an adult. People may also face fines for civil processes, but a loss in civil court does not have the same long-term consequences as a criminal conviction. Criminal convictions can impact people’s rights to employment, child custody, and more. So, it is vital for anyone facing criminal charges to get the advice of an attorney.
If you are arrested, you have a constitutional right to remain silent. That is true, even if the police fail to read you your Miranda rights. Theoretically, silence cannot be used against a defendant. However, that is not to say that the police will not treat you differently if you refuse to talk. In addition, juries may judge defendants more harshly if they do not testify. An attorney can advise you whether you should speak to the police, and, if so, which questions you can answer.
The process varies from state to state, but generally after someone is arrested, they may be eligible for bail. Theoretically, the only purpose of bail is to guarantee that a defendant appears for trial. However, many courts use bail as a way to keep defendants detained before trial, imposing bails that are high enough to prevent release. Securing an attorney prior to a bail hearing can help people get lower bail levels or even released on their own recognizance.
The vast majority of people take a plea when faced with criminal charges. It is a faster process and helps ensure that a defendant has some control over their sentencing. Going to court places a defendant solely at the mercy of the judge and/or jury. On the other hand, because convictions have consequences that go far beyond jail or prison time, a defendant should consult with an attorney before agreeing to any plea agreement.
Many people believe that criminal charges end with a conviction or an acquittal (a not-guilty verdict). However, after a conviction people can appeal the court’s decision or the sentence. People can also seek pardons or to get their records expunged. Expunging a record can go a long way to helping people who were convicted of crimes be able to get employment. An attorney can help you explore post-conviction remedies.