Frequently Asked Questions about Criminal Defense Law

Q: Will I need the services of a lawyer if I have been accused of a crime?
A: Whether or not you feel you have been wrongfully accused, it is always in your best interest to consult a criminal defense attorney as soon as possible after any involvement with the criminal justice system.  A criminal defense lawyer will fight for your rights, both legal and constitutional, and make sure the proceedings are legal and fair.  You may be eligible for free legal counsel if you cannot afford an attorney.

Q: What is the difference between a felony and a misdemeanor?
A: Traditionally, a misdemeanor is a less serious crime than a felony, and is punishable by imprisonment of less than one year.  A felony, the more serious crime, is punishable by one year or more in jail.

Q: I have been arrested, what do I do now?
A: The first step after being arrested is to ask to call an attorney.  Do not say anything to the police that could incriminate you.  Ask for an attorney and do not speak without the attorney present even if you are completely innocent and not involved in the crime at all.

Q: What is the role of the grand jury?
A: In short, the grand jury decides if there is enough evidence to charge a suspect with a crime.  They have no bearing on guilt or innocence.  The grand jury will look over the evidence, and may even hear testimony when deciding whether to indict someone.  Indictment is the formal process of charging a suspect with a crime.  All states use the grand jury system, but there are many differences in procedures as well as number of jurors.

Q: What is the role of the prosecutor?
A: The prosecutor is the lawyer that presents the case against the criminal defendant.  A prosecutor can represent the federal, state, or local government in the case.   In different jurisdictions, the prosecutor may be referred to as district attorney, county attorney, city attorney, Unites States attorney, or state attorney.  The duty of the prosecutor is to fairly try individuals who have been charged with crimes while punished those found guilty.

Q: What is the difference between probation and parole?
A: Although the conditions of probation and parole are similar when in the community; compliance with certain conditions such as no drugs, no alcohol, not committing further crimes, regular reporting to a probation officer, probation does not involve jail time, while parole is basically an early release from a jail or prison sentence.

Q: What is restitution in the criminal context?
A: In the context of criminal restitution, part of a criminal sentence may include payment of restitution for his or her crimes.  This payment may be to the victim, or victims for related losses, it may include compensation for property damages, medical expenses, and loss of income or funeral expenses.  Part of the reasoning behind criminal restitution is allowing the criminal offender a direct avenue for making things whole with his or her victim.

Q: What is white collar crime?
A: In general, a white collar crime is a nonviolent crime involving finances like fraud, embezzlement, insider trading, and other dishonest financial practices.  Because this type of crimes is usually committed in white collar work places, it is sometimes referred to as “paper crime.”

Q: How are children and youth prosecuted?
A: There is a separate juvenile court system for minors that is seen more as rehabilitative and guiding than punitive.  The idea is that minors have immature abilities to make the proper choices or understand consequences or even recognize right from wrong.  In some particularly violent crimes, an adolescent may be tried in the adult system.

Q: If I am convicted of a crime while I am in the United States legally on a work visa, can I be deported?
A: Yes.  A person who is in the United States lawfully but is convicted of a crime, he or she can be deported.  Under the Immigration and Nationality Act, a person is at risk of deportation if her or she is convicted of an aggravated felony, a crime of moral turpitude, or a third category which includes violations of laws relating to domestic violence, controlled substances, and possessing firearms.  In addition, a conviction will likely adversely affect that person’s ability to become a citizen.