Criminal Law

Criminal Law

    A crime is an offense against a State or the Federal Government which is committed when a State or Federal law, known as statutes, are violated.  There are two general categories of crimes, felonies and misdemeanors.  A felony is a serious crime for which the possible punishment usually exceeds one year in prison.  A misdemeanor is a less serious crime which is usually punishable by less than a year in the County Jail.  Felonies include murder, aggravated assault, burglary, robbery, forgery, importation, transportation and/or possession of illegal drugs, sex crimes such as child molestation or rape, perjury, embezzlement and an array of other criminal conduct.  Misdemeanors include such things as drunk driving, shoplifting, simple assault, domestic violence, serious traffic violations and other instances of criminal conduct. 

    Since a criminal case is a case against the State or the Federal Government, the case is brought by a State or Federal prosecutor against the person suspected of committing a crime.  The prosecutor decides whether or not to bring a criminal charge against a person after an investigation is concluded by the police or some other investigative agency (e.g., FBI, DPS, Sheriff’s Department, etc.) that has been assigned to investigate the case. 

    In a prosecution for a felony crime, a criminal defendant is entitled to a probable cause finding, that is, a Judge or a Grand Jury must decide (by a Preliminary Hearing in the former case or by indictment in the latter case) if there is sufficient “probable cause” to proceed with the case.  Probable cause merely means that there is sufficient evidence to believe that a crime was committed and that the person charged was probably the person committing such crime.

    In a great many criminal cases, especially those involving violence or drugs, the criminal defendant is arrested and held in jail, pending a determination as to whether or not the defendant is entitled to release on bail, and, if so, under what conditions the defendant should be released on bail pending trial.  A person has a right to “reasonable” bail.  The bail bond amount may be cash or other property and the bond may be posted by a bail bond company for a fee.  The purpose of a bail bond is to ensure that the defendant appears at future court hearings. 

    After a defendant is charged, he will appear in court to plead guilty or not guilty to the charge in a hearing called the “arraignment.”  If the defendant pleads guilty (at the arraignment or at a later time), the defendant will then proceed to sentencing. 

    The defendant has a right to see the evidence against him and to interview the witnesses against him (in State Court, and with the exception of certain classes of victims who are protected from interviews by Arizona’s constitutionally based “Victim’s Bill of Rights.”  The rules are different in Federal Court.  Not all evidence may be used against a defendant and the defendant, with the assistance of his attorney, has a right to challenge the admissibility and to impugn the weight of any evidence which may be admitted.  For example, illegally obtained evidence is generally not admissible in Court, and confessions or admissions by a defendant must be established to have been voluntary and that the Miranda Rights were explained to the defendant, before such confession may be admitted as evidence. 

    Once the preparation for trial has been completed, the prosecutor at the trial must present evidence establishing that the defendant is guilty of the crime(s) charged beyond a reasonable doubt, and only then may a jury convict a defendant.  The defendant, in addition to having the right to challenge the evidence presented by the prosecutor by cross-examination and other means, may also present his own evidence and compel witnesses to testify by obtaining a subpoena from the Court.  A criminal defendant has a right to refuse to testify and have the jury instructed that the exercise of such right may not be considered by the jury in determining the innocence or guilt of the defendant. 

    Most cases do not proceed to trial.  Usually, the prosecutor and the defendant, through his lawyer, decide to settle a case with what is known as a “plea agreement” which is often beneficial to a defendant because the punishment provided for in the Plea Agreement is less than what a defendant would normally receive as punishment for the offense if the defendant were to be found guilty at trial. 

    If a criminal defendant is found guilty at the trial, or pleads guilty to the charge(s), the case is then scheduled for sentencing.  Obviously, the sentencing stage of the proceedings is extremely important and it brings into play the defendant’s right to present evidence to the judge to attempt to convince him that a lenient sentence would be justified in such case (i.e., by presentation of mitigating factors). 

    If a criminal defendant is dissatisfied with a finding of guilt or with a criminal sentence imposed, he may file an “Appeal” to the Courts of Appeal in the respective jurisdictions.  The Court of Appeals will determine if any legal errors were committed by the trial Court and will either affirm or overrule the trial Court’s findings. 

    A person  charged with a crime should never try to represent himself or herself.   The basic outline of the process outlined in this section, hardly scratches the surface of this complicated subject.  There are many, many factors and circumstances that can affect how a case develops and the ultimate result that an experienced and competent criminal Defense Lawyer is absolutely essential.

    As set forth in this Website, I handle all types of criminal matters in Federal, State, City and Justice Courts.  These range from murder, conspiracy, narcotics and other drug cases, robbery, sexual offenses including child molestation, weapons offenses, immigration offenses, customs money laundering, assault, drunk driving, threats and intimidation, domestic violence, shoplifting, and juvenile delinquent acts. 

    Please feel free to call or write me if you would like to discuss a case or if you simply have a question.  I will be happy to speak to you.