Criminal Defense FAQs

Criminal Defense FAQs

Getting arrested or charged with a crime can be scary. You probably have a ton of questions about what happens next and what your options are. This article will cover some frequently asked questions about criminal defense to help you understand the process better. We’ll discuss common charges, your rights, plea bargains, defenses, and more using simple terms a high schooler could understand!

What are some common criminal charges?

Some of the most common criminal offenses people get charged with include:

• Drug crimes like possession, distribution, trafficking
• Theft crimes like shoplifting, burglary, robbery
• Assault and battery
• Domestic violence and abuse
• DUI and drunk driving
• Weapons charges like illegal possession

There are lots of other crimes too – those are just a few examples. The charges can range from misdemeanors to serious felonies depending on what you’re accused of doing.

What are my rights if I’m arrested?

You have important constitutional rights if you’re detained or arrested for an alleged crime. Here are some key ones:

• Right to remain silent – You don’t have to answer police questions without a lawyer.
• Right to an attorney – You can ask for a lawyer immediately and have them present for questioning.
• Presumption of innocence – You are assumed innocent until proven guilty.
• Right against unreasonable searches – Police need a warrant to search your home/property.

Knowing your rights is important! Exercise them by asking for a lawyer and not answering questions if you’re arrested. Anything you say can be used against you.

What is a plea bargain?

Most criminal cases don’t go to trial – more than 90% end in a plea bargain instead. This is an agreement between the prosecutor and defendant to settle the case.

Here’s how plea bargains work:

• The prosecutor offers a lesser charge or reduced sentence.
• In exchange, the defendant agrees to plead guilty or no contest.
• This avoids the time and expense of a trial.

Common types of plea bargains include:

• Charge bargaining – Pleading to a lesser charge
• Count bargaining – Dismissing some charges
• Sentence bargaining – Agreeing to a lighter sentence

Talk to your lawyer about whether a plea deal makes sense for your case. Make sure you understand the offer fully before accepting it.

What are some common criminal defenses?

There are many defenses a skilled criminal lawyer may use to fight your charges. Some common ones include:

• Alibi – You were somewhere else when the crime occurred.
• Self-defense – You acted reasonably to protect yourself from harm.
• False accusations – The allegations against you are fabricated.
• Mistaken identity – You are wrongly accused/identified.
• Insanity – You were unable to understand right from wrong.
• Intoxication – You were too impaired to form criminal intent.

The defense will investigate the facts and may argue one or more defenses apply to your case. This can get charges dismissed or reduced.

Should I consider a public defender?

Public defenders provide free legal representation if you can’t afford a criminal lawyer. They are real attorneys with experience and expertise. Public defenders have high caseloads, but a dedicated public defender can mount an effective defense.

Consider a public defender if:

• You are low income
• You are facing misdemeanor or low-level charges
• You are a juvenile

A private lawyer may be better for serious or complex cases. They have more time/resources to dedicate to your defense. Talk to several lawyers before deciding.

What factors affect a criminal sentence?

If convicted, your sentence depends on:

• State sentencing guidelines and mandatory minimums
• Your criminal history and recidivism
• Aggravating factors of the crime
• Mitigating factors like mental illness, addiction, age
• Judicial discretion

Sentences can involve:

• Jail or prison time
• Fines and court fees
• Probation and community supervision
• Required counseling or treatment
• Restitution to victims

Talk to your attorney about strategies to seek the most favorable sentence if convicted.

What is probation and how does it work?

Probation means serving your sentence in the community instead of jail. The court orders supervision by a probation officer.

Typical probation rules include:

• Following all laws
• Reporting regularly to