All You Need to Know About Criminal Law

Don't Navigate the Legal System Alone: Issa Castro is Here to Help

As one of the most trusted law firms in the Atlanta area, we understand the importance of educating the public on criminal law, and it is our long-term goal to help individuals navigate the challenges of the legal system. 

We are committed to providing you with a vast collection of videos that explore the various aspects of criminal law and resources that add value and expertise so that you can better understand the complexities of criminal law, your legal rights, and the legal process from start to finish.

FREQUENTLY ASKED QUESTIONS

Criminal defense is important because it ensures that individuals accused of crimes are given a fair trial and that their rights are protected throughout the legal process. A criminal defense attorney is responsible for advocating for their client, challenging the evidence presented by the prosecution, and ensuring that the defendant is not unfairly punished. Without effective criminal defense, innocent individuals could be wrongfully convicted, and guilty individuals could be subjected to excessive or unjust punishments.

 

Criminal defense also plays a critical role in promoting the integrity and fairness of the legal system by holding the prosecution accountable and ensuring that the defendant receives a fair and impartial trial. Overall, criminal defense is a fundamental right and an essential component of a fair and just legal system.

It’s important to understand that not all actions or circumstances can be used as a defense. Claiming that you were following orders or under the influence of drugs or alcohol may not be a valid defense against a crime. Similarly, claiming that you acted in self-defense when there was no immediate threat to your safety may not be considered a good defense. Other actions or circumstances, such as duress, necessity, or entrapment, may also not be regarded as valid defenses depending on the specific details of your case. It can be stressful and overwhelming, but speaking with a criminal defense attorney is essential to understand your legal options and defenses that may apply to your case.
It’s important to know that different types of criminal law address specific crimes. Some of the most common types of criminal law include property, violent, drug, white-collar, and traffic crimes. Property crimes involve theft, damage, or destruction of property, while violent crimes involve force or the threat of force against another person. Drug crimes involve illegal possession, distribution, or manufacture of controlled substances, and white-collar crimes involve non-violent financial crimes like embezzlement or fraud. Traffic crimes relate to driving or operating a vehicle, such as DUI/DWI, reckless driving, or hit and run. It’s essential to understand the different types of criminal law and the specific laws that apply to your case should you ever find yourself in a legal situation.
Start by researching potential lawyers in your area with experience in criminal law and the specific crime you’re accused of. Look for online reviews, ask for referrals from people you trust, or check legal directories. Once you have identified potential lawyers, schedule a consultation to discuss your case and understand their approach, fees, and availability. Be sure to ask any pressing questions you have during the consultation. After selecting a lawyer, review and sign a retainer agreement outlining the scope of their representation and fees. Following these steps, you can quickly find a qualified criminal defense lawyer who can provide the answers you need and help protect your rights.
Criminal law can be used as a tool for social change by holding individuals and organizations accountable for actions that harm society and promoting justice and equality. By defining certain behaviors as criminal and imposing penalties for those actions, criminal law sends a clear message about what behaviors are unacceptable and can help deter future misconduct. Additionally, criminal law can be used to challenge systemic injustices and to advocate for the rights of marginalized communities. For example, criminal law has been used to challenge discriminatory practices like racial profiling or police brutality. Overall, criminal law can be a powerful force for promoting social change and justice when used to hold individuals and institutions accountable and to advocate for equal treatment under the law.

First, knowing that you have legal rights and options is important. Choosing the best criminal lawyer requires careful consideration of several factors, including their expertise and experience in criminal law, reputation, track record of success in defending clients, communication skills, availability, and fees.

 

Look for someone who can provide compassionate support and guidance during this challenging time, and schedule a consultation to discuss your case and get a sense of their approach and compatibility. With the help of an experienced criminal defense attorney, you can understand the charges against you, explore possible defenses, and work to protect your rights and achieve the best possible outcome for your case. Remember that you are innocent until proven guilty, and your lawyer can help you fight to protect your freedom and your future.

Criminal law seeks to establish rules and regulations to distinguish behavior as a crime and provide a system for prosecuting and punishing those who violate the law. The essential purpose of criminal law includes deterrence, punishment, rehabilitation, and protection of society. The goal is to discourage individuals from engaging in criminal behavior by imposing penalties such as fines, imprisonment, or probation. These rules and regulations help protect society by removing dangerous behavior from the community. Criminal law aims to maintain public order, safety, and justice.
The cost of hiring a criminal lawyer can vary widely depending on several factors, including their experience, reputation, location, and the case’s complexity. Some criminal lawyers charge a flat fee, while others charge by the hour. Hiring a criminal lawyer can be expensive, but not having legal representation could result in much higher fines, jail time, and other consequences. It’s important to discuss the potential costs with a lawyer during the initial consultation and any payment plans or financing options that may be available.
If you are accused of a crime, you have several legal rights protected by the Constitution. These include the right to remain silent, the right to an attorney, the right to a fair and speedy trial, and the right to confront and cross-examine witnesses. Additionally, you have the right to be presumed innocent until proven guilty, a jury trial in most cases, and the right to appeal a conviction. It is essential to exercise these rights and speak with an experienced criminal defense attorney as soon as possible to ensure your rights are protected throughout the legal process.
Criminal law deals with crimes against society, like theft or assault; punishments can include fines, imprisonment, or probation. In criminal cases, the burden of proof is on the prosecution to prove the accused is guilty beyond a reasonable doubt. On the other hand, civil law handles disputes between individuals, like a breach of contract or personal injury claims. In civil cases, the burden of proof is on the plaintiff to prove their case by a preponderance of the evidence, and remedies typically include monetary damages or equitable relief. It’s essential to know the difference between these two areas of law and when they apply to ensure you understand your legal rights and responsibilities.
Criminal defense fees can be tax deductible, depending on the circumstances. Generally, legal fees incurred to produce, or preserve taxable income. However, legal fees incurred for personal matters, such as criminal defense for a non-business-related charge(s), are typically not deductible. It’s essential to consult with a tax professional to determine if your criminal defense fees are tax deductible based on your specific circumstances.
Voire dire is a legal term that refers to questioning potential jurors to determine if they are suitable for jury service. During voire dire, the judge and lawyers for both sides ask potential jurors questions to determine if they have any biases, conflicts of interest, or other factors that could impact their ability to serve impartially. The goal of voire dire is to select a fair and impartial jury that will be able to consider the evidence and render a verdict based solely on the facts presented in the case.
Yes, criminal lawyers frequently appear in court on behalf of their clients. They may attend court for various reasons, such as: representing clients at arraignments, arguing for bail, negotiating plea deals, or presenting a defense at trial. Criminal lawyers may also need to attend court hearings for pretrial motions, such as suppression or evidentiary hearings. Overall, appearing in court is a crucial part of a criminal lawyer’s job, which is why all must be well-versed in courtroom procedures and strategies to advocate for their clients effectively.
The cost of hiring a criminal lawyer can vary widely depending on the lawyer’s experience, reputation, location, and case complexity. Some lawyers charge a flat fee, while others charge by the hour. In general, hiring a criminal lawyer can be expensive. Still, it is essential to remember that the cost of not having legal representation could be much higher in terms of fines, jail time, and other consequences. If you are considering hiring a lawyer, we recommend discussing the potential costs of having legal representation vs what you could be charged in court during the initial consultation. You can also ask for any payment plans or financing options that may be available through the law firm.

As part of our commitment to providing the most valuable legal resources to the public, we offer a Criminal Law Letter Template that you can download for FREE.

This template includes a variety of sample letters that you can use to address common issues in criminal cases, such as requesting a copy of your arrest report or plea bargain offer. Simply enter your email address in the form provided, and be on the lookout for the template in your inbox.

Have more questions?

WE WANT TO HELP.

Our expert team of attorneys are dedicated to providing exceptional legal services and achieving the best possible outcome for our clients. Don't wait, let us help you navigate the legal system and protect your rights.