Criminal Law

Criminal law involves the process by which individuals (and in some instances, businesses) are alleged to have violated certain rules that have been enacted to protect members of society. The rules of the federal government and all individual state governments are codified into statutes. When an individual violates the rules as listed in the statutes, then the federal government or the state may prosecute the alleged wrongdoer. However, the wrongdoer is presumed innocent until proven guilty beyond a reasonable doubt.

Criminal defense is all about making sure the alleged wrongdoer’s rights are not violated and ensuring that the prosecutor meets that burden of proof before a punishment is doled out. If the prosecutor cannot meet that burden of proof then the alleged wrongdoer must be found not guilty of the alleged violation.

Some alleged violations are more serious than others. Misdemeanors are generally considered more minor infractions, while felonies are typically much more serious. However, in any situation where the possible punishment could be incarceration, the accused is entitled to a jury trial. A jury decides the facts of the case, while a judge decides the law that applies to the case. In some instances an accused may only be entitled to, or may prefer to, have a judge decide all the issues in a case. That is called a bench trial. If a person is found guilty of the crime he or she was accused of committing a judge will decide the proper punishment. Typically, in state court the punishment will fall within a “range of punishment” set by statute. However, in federal court, the judge is guided by certain sentencing guidelines that have been prescribed by the legislature.

Those who are accused of a crime are entitled to have an attorney represent them. They also have a right to remain silent so that their own words are not used to incriminate them. This is called the fifth amendment right to remain silent, thus the phrase “I’m taking the fifth” to indicate that someone will not make a statement. By law, the police are required to give the “Miranda Warning” once someone is arrested and prior to being questioned or interrogated by the police. Be sure to take the fifth in all cases. Usually you cannot talk your way out of an arrest, and if you can, it is better to let a lawyer do it later so that you are certain you do not make statements and give the police evidence.

If you or a loved one is in need of legal assistance, call JOHNNY BROWN at (903) 870-0022 or toll free (800) 964-0456 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.