Tampa Lawyer Blog

2011 29 Mar

Criminal law: Understand the basics

Posted by in Criminal at March 29, 2011

Criminal law is totally different from all other types of law. If you are accused of a crime, you will have a better understanding of criminal law. Several people do not comprehend that only a prosecutor may decide to lodge a complaint, or that juries and not judges have the final word on sentencing. Do not rely on TV shows to familiarize yourself with the criminal law.

Look up the applicable criminal law. This will be listed on the warrant provided to you after the arrest. If no arrests have been made, perform an online search of Title 18, United States Code (for federal crimes) and the Penal Code in your state. Sanctions can vary greatly depending on whether the charge is based on federal law or state.

Note if the crime is a felony or a misdemeanor. This will be indicated in the text of the applicable criminal law. Felony convictions are usually punishable by more than one year in jail. In some cases, the same act can be classified as a felony or a misdemeanor dependent on the circumstances — for example, the fiscal value of a point shoplifting, or whether or not the crime was a first offense. For more detail on criminal law contact with David Edelstein who is a qualified Tampa criminal defense attorney and he limits his practice to criminal defense in both state and federal courts.

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