Criminal Law

Invoking Your Right to Remain Silent

You’ve seen it time after time on primetime television police shows—cops slapping the cuffs on a “perp” and reading him his rights: “You have the right to remain silent. Anything you say can and

Miranda Rights: What Happens If the Police Don't Read You Your Rights

Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. But if the police fail to read a suspect his or her rights, the prosecutor can't use anything the suspect says as evidence against the suspect at trial.

Bail: Getting Out of Jail After an Arrest

A person's first thought upon landing in jail is often how to get out -- and fast. The usual way to do this is to "post bail". Bail is cash or a cash equivalent that an arrested person gives to a court to ensure that he will appear in court when ordered to do so. If the defendant appears in court at the proper time, the court refunds the bail. But if the defendant doesn't show up, the court keeps the bail and issues a warrant for the defendant's arrest.

How Innocent Defendants Handle Criminal Charges

Even the most well-intentioned prosecutors file charges against innocent suspects occasionally. Regardless of the reason charges were filed, innocent defendants want to know what they—or preferably, their lawyers—can do to avoid a conviction. So, other than going to trial, how can defendants avoid a guilty plea or verdict?

Do I Need a Lawyer When I'm Charged with a Crime?

Defendants charged with crimes are almost always best served by obtaining a lawyer, for the reasons explained below.

Access to Police Personnel Files for Criminal Defendants

As anyone who has ever contested a traffic ticket knows, courts frequently assume that whatever an officer says is the truth, even when witnesses refute the police’s version of events.

The Prohibition Against Double Jeopardy

The Fifth Amendment to the U.S. Constitution provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.”

Disorderly Conduct and Public Intoxication

Disorderly conduct (also called "disturbing the peace" in some states) is a crime that usually involves some kind of offensive or disruptive public activity. Criminal statutes in some states include public intoxication as one kind of behavior that can be considered disorderly conduct. In other states, public intoxication is a separate criminal offense, while the laws in other jurisdictions might include a crime called "drunk and disorderly" conduct. This article highlights disorderly conduct and public intoxication laws.

What Is Manslaughter? What Is Murder vs. Manslaughter?

Manslaughter is an unlawful killing that doesn’t involve malice aforethought—intent to seriously harm or kill, or extreme, reckless disregard for life. The absence of malice aforethought means that manslaughter involves less moral blame than either first or second degree murder.

Expunging or Sealing an Adult Criminal Record

Depending on the crime and your progress in your sentencing, you may be able to seal arrest or conviction records.

Juvenile Court: An Overview

The juvenile justice system is separate from the criminal justice system. Read on to learn some basics on crime and punishment for minors.

Sealing Juvenile Court Records

Former juvenile offenders may be able to get a fresh start of sorts by filing a petition in court seeking expungement (sealing) of a juvenile court conviction.