Q. What does it mean to prove guilt "beyond a reasonable doubt?"
A. The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt, that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.
(back to top)
Q. If I'm accused of a crime, am I guaranteed a trial by a jury?
A. Yes, the U.S. Constitution gives a person accused of a crime the right to be tried by a jury. This right has long been interpreted to mean a 12-person jury that must arrive at a unanimous decision to convict or acquit. In most states, a lack of unanimity is called a "hung jury" and the defendant will go free unless the prosecutor decides to retry the case. The potential jurors must be selected randomly from the community, and the actual jury must be selected by a process which allows the judge and lawyers to screen out biased jurors. In addition, a lawyer may eliminate several potential jurors simply because he feels that these people would not be sympathetic to his side, but these decisions may not be based on the juror's personal characteristics, such as race, sex, religion or national origin.
(back to top)
Q. What is the difference between a felony and a misdemeanor?
A. A misdemeanor offense is charged for a relatively minor crime, while more serious crimes are felonies. The difference between the two is often noted in the punishment given. Punishment for a felony carries more than a year imprisonment in a penitentiary, while those convicted of a misdemeanor often serve a year or less confinement, but not in a prison. Conviction of either a felony or misdemeanor may also carry fines or probation.
(back to top)
Q. Can I "settle" the charges against me?
A. A "settlement" is generally associated with an agreement reached in a civil case by the parties involved. In a criminal case, a prosecutor may offer a "plea bargain" but it isn't required, nor can a defendant demand it. A plea bargain can be offered by the prosecutor and may include:
- A reduction in the seriousness of the charges
- An agreement to reduce the number of charges filed in return for a guilty plea, or cooperation with the government on other cases
(back to top)
Q. Is there a statute of limitations in filing criminal charges?
A. Yes, with the exception of murder, each criminal offense has it's own statute of limitations, which vary based on the offense and the laws from state to state.
(back to top)
Q. Why do some people have to post bond to get out of jail and others don't?
A. In determining the amount, if any, of bail that needs to be posted, a judge will consider the following factors:
- The type and seriousness of the charges
- Any prior failures to appear
- Previous criminal record
- Connections to the community
- The probability that you'll appear in court (i.e. Propensity to flee)
For example, a first-time offender would be more likely to be allowed to post bond, than a repeat offender. Another example is violent versus non-violent crimes. Violent offenders are likely to be seen as a danger to society and held pending their case as compared to a person being held on non-violent criminal charges. A judge takes these and other factors into consideration when deciding whether or not to allow a person to post bail.
(back to top)
Q. What does the "no contest" plea mean?
A. There are three possible pleas to a criminal charge: guilty, not guilty and "nolo contendere" or "no contest." A plea of "no contest" means you don't contest the charges against you. While a "no contest" plea isn't an admission of guilt, it does allow the court to impose a sentence on you. In practical effect, there's no significant difference between a "no contest" plea and a guilty plea.
Why would you want to plead "no contest" instead of "guilty?" If you don't agree that you're guilty, but you believe a judge or jury might find you guilty anyway, you may not want to risk going to trial. In this situation, you may want to agree to an arrangement by which you're allowed to plead "no contest" to the charge, or to a lesser charge, because it'll resolve the case without a trial and won't require you to admit your guilt to criminal acts.
Like a guilty plea, a "no contest" plea waives important constitutional rights, including the right to trial by jury and to confront the witnesses against you. Unless there is some sort of agreement for a deferred adjudication, the court may sentence you on a "no contest" plea as if you pleaded guilty, and you'll have a record of conviction. So, keep that in mind.
(back to top)
A. Community service and probation are types of criminal sentences. You can only be sentenced after you've either pleaded guilty to a crime or been found guilty by a judge or jury. If you pleaded guilty on a deferred judgment or sentence, a diversion program or a deferred adjudication, you won't have a permanent record once you successfully complete the terms of the probation or community service. At that point, the law for all practical purposes considers the guilty plea withdrawn as if it was never entered. There are, however, some circumstances in which you can still be penalized for it. For example, deferred sentences count as in computing your criminal history under federal sentencing guidelines.
If you pleaded guilty with no express conditions as to the deferment of the sentence or conviction, or if you were found guilty following a trial to the court or jury, you'll have a permanent record.
If you pleaded guilty and don't know whether it was pursuant to a deferred sentence type of arrangement, you can go to the courthouse where you entered your guilty plea and ask to see your file. There will be a docket sheet or other listing of court minutes inside, containing the terms of your plea and sentence, including whether the judgment was deferred.
(back to top)
Q. What is a "grand jury"?
A. A "grand jury" is a group of people called together by the prosecutor to gather information about suspected criminal activity by listening to testimony from witnesses and examining documents and other evidence. The prosecutor acts as legal advisor to the grand jury and directs the flow of witnesses and evidence. At the end of the proceeding, the grand jury decides whether there is enough evidence to charge the defendant with a crime.
(back to top)
Q. What is the difference between parole and probation?
A. Parole and probation are employed in the punishment phase of the criminal justice process. Parole occurs when a person has been imprisoned and is released subject to supervision by an officer of the court.
Probation, however, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed for less serious or first-time offenses and typically involves releasing the convicted offender into the community subject to a list of terms and conditions.
(back to top)
Q. What is "white collar crime"?
A. White collar crime is a term originally used to describe criminal activity by members of the upper classes in connection with their professions. Today, the most common definition of white collar crime focuses less on the social status of the offender, but instead on the type of conduct involved: illegal acts using deceit and concealment to obtain money, property, or services, or to secure a business or professional advantage. White collar crimes are usually less violent than other crimes, but their effects can be just as devastating, such as in the recent Enron case.
(back to top)
Q. Are children who are charged with committing crimes prosecuted in the same manner as adults?
A. Children are subject to a separate judicial system called the juvenile court system. Generally, the focus of the juvenile court system is about rehabilitation rather than punishment. In some cases, however, older juveniles who commit more serious crimes will be charged as adults and tried in the regular criminal courts. In such cases, their sentence, too, will be more in accord with adult punishment, whereas in juvenile court any incarceration is usually in a more rehabilitative setting and generally ends when the juvenile attains the age of majority.
(back to top)
Q. Do I need a lawyer to represent me even if I am innocent?
A. Every criminal defendant should consider hiring an attorney. Innocent defendants are perhaps in even greater need of zealous representation throughout the criminal process to ensure that their rights are protected and that the truth prevails. Even innocent people end up in jail, so a good way to prevent that miscarriage of justice is to employ the services of a seasoned veteran of criminal defense law.
(back to top)
Q. If I simply intend to plead guilty, why do I need a lawyer?
A. Even if you are guilty of the crime with which you are charged, it is imperative that you seek the advice of experienced counsel so that you can minimize your sentence and maximize your opportunities to move ahead toward a brighter future. Criminal defense attorneys are needed to equalize the balance of power between the defendant and the prosecution and to ensure that the constitutional rights that are guaranteed to all criminal defendants are preserved.
(back to top)
Q. What is a DUI (Driving Under the Influence)?
A. In order to be convicted of DUI, it must be shown that you were driving or in actual "physical control" of a vehicle. The burden is on the State to show that the police officer had a reasonable suspicion for stopping or approaching the vehicle. If you were stopped at a roadblock, the prosecutor must show that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution. These issues are somewhat complex.
Next, is the officer's roadside determination that there is probable cause to arrest you for DUI. The State must show that it is likely that you were a less safe driver as a result of drinking alcohol and exceeds the state's mandated Blood Alcohol Count (BAC). Many cases involve the use of sobriety tests. These tests can help an officer make up his mind about whether you should be arrested for DUI.
(back to top)
Q. What is the officer looking for during the initial detention at the scene?
A. Police officers are trained to note the following "symptoms of intoxication" on their report:
- Flushed face
- Red, watery, glassy and/or bloodshot eyes
- Odor of alcohol on breath
- Slurred speech
- Fumbling with wallet trying to get license
- Failure to comprehend the officer's questions
- Staggering when exiting vehicle
- Swaying/instability on feet
- Leaning on car for support
- Combative, argumentative, jovial or other "inappropriate" attitude
- Soiled, rumpled, disorderly clothing
- Stumbling while walking
- Disorientation as to time and place
- Inability to follow directions or to "divide attention."
(back to top)
