Criminal Law is referred to a series of rules and statutes that define crimes and impose punishments on culprits of the crimes. On the other hand Criminal Procedure refers to the methods by which the Criminal Justice System functions.

Criminal Procedure delineates the guidelines set for implementing the criminal law, such as: arresting a suspect, search a premise or a person, seizing items, interrogating the suspect or the introduction of evidence, etc.

Crimes are usually classified in two categories: Felonies and Misdemeanors.

A felony crime is referred to a serious misconduct that under federal and most states’ law is punishable by death or imprisonment for more than one year. For instance crimes such as treason, arson, rape, robbery, murder, kidnaping, etc., are defined as Felony Crimes.

A misdemeanor crime, on the other hand, is referred to a criminal act that is punishable by up to one year in prison.

Depending on the jurisdiction, here are some general examples of misdemeanor crimes: petty theft, simple assault and battery, disorderly conduct, trespass, vandalism, public intoxication, reckless driving, etc.

Of course, there are, always, other lesser criminal offenses, such as speeding, other traffic and parking infractions, which are often referred to as violations. Nonetheless, they are a part of criminal law.

Under the United States’ Justice System, an accused is presumed innocent until proven guilty in a court of law. This is a very contentious subject matter that requires deep discussions. However, in practice presumption of innocence means that the government must prove each elements of a crime against a criminally charged person, beyond a reasonable doubt. This is basically the due process clause of the 4th amendment to the United States’ Constitution. Therefore, a prosecutor is commissioned to present the truth and seek justice, regardless of the heinous nature of a crime.

The fact is that our over-crowded prisons are hell for the guilty; can you imagine the pain of imprisonment, when you are innocent.

Yes, there are thousands of people who are imprisoned or even executed in the United States of America, due to the corrupt acts or mistakes of prosecutors, judges, law enforcements, false testimony of vengeful people and most importantly, representation by incompetent lawyers. No wonder, while the United States has about 5% of the world’s population, it holds about 25% of the world’s prisoners.

In most instances, a defendant is required to make a choice between a plea of guilty or not guilty. Some incompetent prosecutors do not appreciate the gravity of their mandated duty to seek justice rather than convict at any cost.

Therefore, they may intimidate an innocent person to take a guilty plea or face an expensive and humiliating trial. The frightened defendant, most often poor and uneducated, is also advised by an incompetent lawyer to take the plea rather than face a harsh sentence.

The most disturbing problem is our justice system reverence for guilty pleas. This means that it is almost impossible to set aside a guilty plea than a conviction after trial. Once a defendant has pled guilty and the court has accepted the plea, the chances of reversing such a conviction is next to nil!

Of course, plea bargain is a convenient method to reduce the dockets in the over clogged Justice System. The consequence is obvious: there are thousands of innocent people charged and convicted for crimes they have never committed.

This is why a Criminal Defense Lawyer has a moral and legal duty to make sure that the prosecutor acts within the boundaries of law and proves each element of the crime charged, beyond a reasonable doubt, against his/her client rather than let an innocent person be convicted.

Needless to say, a good Criminal Lawyer must have comprehensive knowledge and understanding of the law; keen communication skills, public speaking skills, writing skills, organizing capabilities, listening skills, ability to deal with different types of people having different backgrounds and the ability to navigate through this complicated process.

As a lawyer himself, the founder of Chosenlawyers.com takes this area of law very seriously. That is because in criminal law people’s lives and liberties are at stake. He personally interviews each Criminal Defense Lawyer, who wishes to join ChosenLawyers.com.

Contact Chosenlawyers.com and let a Trusted, Competent and Compassionate Chosen Lawyer defend your constitutional rights and help you obtain justice.

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