The Article Daily

At its simplest, criminal law refers to the legal prosecution by one entity or person of another entity or person that is accused of a criminal act. The process involves charging a person with a crime, addressing the rights of suspects and victims, and proceeding with a trial. Each state and county may have a different manner in which criminal law is handled. In this article, we’ll give you a brief summary of how charges are filed, how juvenile offenders are handled, and various constitutional rights that are addressed along the way.

Filing Charges

Criminal charges are filed in different ways depending upon jurisdiction. In some cases, the police will respond to a complaint or report that a criminal act has been committed. When this happens, they may monitor the criminal activity, conduct an investigation, and then arrest the offender. Other times, the police will file a report with the prosecutor and await direction. Some states allow the police to exercise their own judgment in filing charges against a suspect. Other states rely upon the prosecutor to do so.

What About Juveniles?

Be definition, juveniles are not tried as adults in criminal cases (though some states will waive the age limit for certain violent crimes). In juvenile court, the objective is usually rehabilitation rather than punishment. And while there are prisons that house many juvenile offenders, courts will often issue a sentence that affords the young person an opportunity to change. That being said, there are a few crimes, such as sexual assault or homicide, in which a juvenile may be charged and tried as an adult.

Rights Accorded By The Constitution

There are a number of constitutional rights that serve as the cornerstone of criminal law. Among them, Article 1, Section 10 affirms that a state cannot pass a law and then charge a person retroactively. The Fourth Amendment offers protection from police misconduct, including inappropriate searches. The Fifth Amendment guarantees - among other things - a suspect’s right to remain silent. The Sixth Amendment speaks to the right to counsel, getting witness to testify, and the suspect’s right to know the charges that are being brought against him. These constitutional rights are always observed during a trial and guaranteed to those charged, making the advice and guidance of a criminal lawyer invaluable.

Types Of Criminal Charges

Charges are usually filed after a suspect has been arrested. These charges can include misdemeanors, petty offenses, civil infractions, and felonies. With the exception of civil infractions, they can lead to a criminal record. What’s more, it’s not uncommon for people to learn of a criminal charge when stopped for a minor traffic violation. States and counties treat the process differently.

In the event that you are charged with a crime, consult a criminal defense attorney. Even minor charges (such as driving without car insurance) can become problematic without competent legal advice. In some cases, hiring a lawyer may be the best investment you can make.

Brought to you by Richmond Virginia Criminal Defense Lawyer and Richmond Virginia Bankruptcy Attorney for your legal needs