Understanding
the Criminal Court Process FAQ
How does a misdemeanor differ from a felony charge?
In the America crimes fall into two major categories; crimes are recognized as felonies or misdemeanors. When a crime is punishable by more than one year in jail it’s considered a felony, if a crime is punishable by less than a year jail time, it’s generally considered a misdemeanor.
Some states have crimes that can be charged as a felony or a misdemeanor, depending on other variables involved such as intent.
I only have to pay a fine is this considered a criminal offense?
Any infractions where the only penalty involved is a fine, is generally not considered a criminal infraction. However, there may be occasions where a fine may be implemented along with a misdemeanor charge.
Is it true that we are all presumed innocent until proven in the court of law?
Everyone who is charged with a crime is only considered a suspect of the crime until they are proven beyond a shadow of a doubt that they were directly involved in the crime. This means that the lawyer only needs to seed reasonable doubt in order for the defendant to go free.
This is done to make sure that innocent people aren’t wrongly prosecuted; this also means the government prosecutors prove must beyond a shadow of a doubt that the defendant was a part of the crime.
Do all crimes have to include intent?
Criminal acts must have intent, also described of the state of mind. If crime has been committed the prosecution must also attempt to prove their was intent on the part of the defendant. Intent is part of the elements involved what is considered to be a crime.
In general for the prosecution to convict an individual of an offense, the prosecutor would have to prove three elements:
1. They did something defined in the criminal statue as illegal.
2. They did not have the right enter the property, if it was burglary, or they didn’t have the right to the possession this would depend on the nature of the offense.
3. At the time of the act, there was intent for example to take belongings not belonging to the person.
The onus to prove the criminal case means and the defendant must weigh the evidence in favor the defendant. In America with the way the court system is built, it favors the defendant, this ensures that people are not wrongly prosecuted even if a few maybe a few guilty people are also freed during the process.
Are all trials by jury?
If crime carries a maximum sentence of six months or less, are usually considered to be petty crimes, a trial by jury is usually not given for such offenses.
What is a trial by jury?
A unanimous consensus must be reached by the jury in order to convict or acquit. Usually the jury is a twelve person jury, how this can differ from different states. Generally for more serious cases a twelve person jury is required for less serious cases a six person jury is adequate. Once again this can vary depending on the state.
What does it mean to plead the fifth?
If a defendant chooses not to testify, jurors and the judge cannot assume anything detrimental towards the defendant.
If a defendant testifies the prosecutor maybe able to tarnish the defendant character and bring in previous convictions, if the defendant doesn’t testify the prosecutor can use this to his advantage.
Disclaimer: the information on this site is not to be considered legal advice or advice for your situation and is not intended to replace legal representation.