Criminal Defense Law


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Criminal Defense Law



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What is Criminal Defense Law? This describes the practice area of attorneys who represent a defendant in a criminal prosecution, or in a criminal appeal. Many attorneys provide criminal defense services along with other legal practice areas. But there are also attorneys who specialize exclusively in criminal defense law and some states that will even certify these attorneys as ‘criminal law specialists” if they meet the required criteria, generally consisting of extensive experience practicing criminal defense for a minimum time period, extra training in this practice area and successfully completing an exam.

Criminal defense law employs both defensive and offensive tactics. A defendant will often contest the accuracy of the allegations made against him or her in a criminal indictment, which is a factual denial. This is a defensive action. An offensive action would be the use of an affirmative defense. An affirmative defense (such as duress or self-defense) argues that even if the allegations against the defendant are true, the defendant is entitled to prevail for some other reason, often because it places the actions of the accused beyond the individual’s volition or control.

To assert an affirmative defense, the defense attorney must show that there are additional facts which will be legally sufficient to excuse his/her client. These facts must be in addition to the ones claimed in the indictment or the information provided in the charges. There are very specific rules that must be followed in a criminal proceeding. For example, in order to use an affirmative defense, the defendant must raise it when he first responds to the charges or he will be prohibited from using this defense later.

Another type of affirmative defense is a justification defense, which is the claim that the actions of the accused demonstrated the morally right thing under unusual circumstances and was therefore justified. Because of this, he isn’t to blame, did not commit a crime, and therefore should not be punished. In other words, a defendant can lawfully commit an intentional harm in order to avoid a more serious harm.

Other aspects of criminal defense include the Privilege against Self-Incrimination and Justification. The U.S. Constitution’s Fifth Amendment protects a criminal defendant from being compelled to testify against himself. This means he cannot be required to testify under oath at trial. For more information about criminal law, please visit our Criminal and Penal Law Guide

To consult State Legislation regarding criminal defense laws and regulations please see the Criminal Code by State page.

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Criminal Defense Law - US

  • American Bar Association - Criminal Justice Section

    Founded in 1920, the Criminal Justice Section of the American Bar Association has over 20,000 members including prosecutors, private defense counsel, appellate and trial judges, law professors, correctional and law enforcement personnel, law students, public defenders, and other criminal justice professionals. With its diverse, multi-disciplinary membership, the Criminal Justice Section is uniquely situated to address the pressing issues facing today's criminal justice system.

  • Bill of Rights - Fifth Amendment

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

  • Criminal Procedure - Overview

    Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. Municipalities, states, and the federal government each have their own criminal codes, defining types of conduct that constitute crimes. Title 18 of the U.S. Code outlines all federal crimes. Typically, federal crimes deal with activities that either extend beyond state boundaries or directly impact federal interests.

  • Effective Death Penalty Appeals Act

    To amend title 28, United States Code, to clarify the availability of Federal habeas corpus relief for a person who is sentenced to death though actually innocent.

  • Miranda Warning

    A Miranda warning is a warning given by police in the United States to criminal suspects in police custody, or in a custodial situation, before they are interrogated. A custodial situation is one in which the suspect's freedom of movement is restrained (judged by the "free to leave" test), even if he is not under arrest. An elicited incriminating statement by a suspect will not constitute admissible evidence unless the suspect was informed of his/her "Miranda rights" and made a knowing, intelligent, and voluntary waiver of those rights. However, a 2004 Supreme Court ruling upheld state "stop-and-identify" laws, allowing police in those jurisdictions to require biographical information such as name, date of birth, and address, without arresting suspects or providing them Miranda warnings.

  • Sixth Amendment - Rights of Accused in Criminal Prosecutions

    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Criminal Defense Law - Europe

  • Criminal Defence Service Act 2006 - UK

    An Act to make provision about representation funded as part of the Criminal Defence Service.

  • Criminal Justice - EU

    The progressive elimination of border control within the EU has considerably facilitated the free movement of European citizens, but has also make it easier for criminals to operate transnationally, especially since the scope of the law enforcement authorities and criminal justice system within the European Union (EU) has for a long time been largely limited to the boundaries of their respective States. In order to face the challenge of international crime, the EU is progressing toward a single area of justice.

  • European Criminal Defense - Counsel for the Defense in Transnational European Criminal Proceedings

    Research projects in the Department of Criminal Law are pursued in accordance with the department's research program. A condensed version1 of the research program is available online. The full version of the research program is also available in German (courtesy of the Walter de Gruyter publishing group).

Criminal Defense Law - International

  • International Criminal Defence Attorneys Association (ICDAA)

    The International Criminal Defence Attorneys Association (ICDAA) is an international non-governmental organization (INGO) dedicated to strengthening fair trial rights and an independent legal profession in the emerging international criminal justice system.

  • INTERPOL

    INTERPOL is the world’s largest international police organization, with 188 member countries. Created in 1923, it facilitates cross-border police co-operation, and supports and assists all organizations, authorities and services whose mission is to prevent or combat international crime.

  • The International Criminal Court (ICC)

    The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.

Organizations Related to Criminal Defense Law

  • American Trial Lawyers Association

    It is the mission of The American Trial Lawyers Association to provide news, information, and education to attorneys who practice or have an interest in trial work, including civil plaintiff and criminal defense law. The American Trial Lawyers Association is a professional and business organization designed to provide high quality, relevant, and innovative legal programs which are essential in dealing with current issues facing the trial lawyer.

  • Center for Criminal Justice Advocacy (CCJA)

    The Center for Criminal Justice Advocacy was formed as a free, nonpartisan, grassroots training resource to assist new lawyers in becoming competent criminal trial practitioners. Our public service mission is to provide newly licensed sole practitioners and prosecutors, who toil daily in criminal courtrooms across our country, with a body of materials that support a structured analytical approach to planning, preparing, and conducting a persuasive and convincing criminal trial. Our interest is in promoting and preserving equal justice for all.

  • Death Penalty Information Center (DPIC)

    The Death Penalty Information Center is a non-profit organization serving the media and the public with analysis and information on issues concerning capital punishment. The Center was founded in 1990 and prepares in-depth reports, issues press releases, conducts briefings for journalists, and serves as a resource to those working on this issue. The Center is widely quoted and consulted by all those concerned with the death penalty.

  • Equal Justice Initiative

    The Equal Justice Initiative of Alabama is a private, nonprofit organization that provides legal representation to indigent defendants and prisoners who have been denied fair and just treatment in the legal system.

  • Institute for Criminal Justice Ethics

    The Institute for Criminal Justice Ethics, the only nonprofit, university-based center of its kind in the United States, was established to foster greater concern for ethical issues among practitioners and scholars in the criminal justice field. Through its diverse programs it serves both as a national clearinghouse for information and as a stimulus to research and publication. It seeks to encourage increased sensitivity to the demands of ethical behavior among those who administer and enforce our system of criminal justice, a more focused treatment of moral issues in the education of criminal justice professionals, and a new dialogue among scholars and practitioners on specific topics in criminal justice ethics.

  • National Association of Criminal Defense Lawyers (NACDL)

    The National Association of Criminal Defense Lawyers (NACDL) is the preeminent organization in the United States advancing the mission of the nation's criminal defense lawyers to ensure justice and due process for persons accused of crime or other misconduct. A professional bar association founded in 1958, NACDL's more than 12,800 direct members -- and 94 state, local, and international affiliate organizations with another 35,000 members -- include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors and judges committed to preserving fairness within America's criminal justice system.

  • Sentencing Project

    The Sentencing Project is a national organization working for a fair and effective criminal justice system by promoting reforms in sentencing law and practice, and alternatives to incarceration.

Publications Related to Criminal Defense Law

  • Capital Defense Weekly

    Started in the summer of 1997, Capital Defense Weekly / A Capital Defender’s Toolbox, is arguably the oldest “blawg” still in operation, predating even the first usage of the term “web log”, “blog” and “blawg”. Over the years CDW, as it is often known, has been used as an example of the future of law reviews,1 a way to keep current capital defense theories,2 and a showcase of how a website can impact an area of the law.

  • Criminal Defense Law News

    News on Criminal Defense Law continually updated from thousands of sources around the net.

  • The Criminal Justice System Blog

    Presents articles, publications, opinions and the latest news in criminal defense law. Helping people connect with the area of criminal defense.

Articles on HG.org Related to Criminal Defense Law

  • The Not-So-Minor Penalties of Underage Drinking in Texas
    For decades, countless organizations and committees have been created to fight the criminal offense of underage drinking in the United States. Whether it is the gathering of a local community council, new bills proposed to state government or a national movement, people are always trying to lower the alarming number of teens and younger children who drink alcohol before the age of 21.
  • How Do I Have My Arrest Record Sealed and Destroyed?
    Our clients who are unlucky enough to be arrested, but then, fortunately, the prosecutor decides not to file a case often ask if they can have the arrest record sealed and destroyed. After all, an arrest record is a public record. The client may comment that the mere record of the arrest affect child custody issues, adoption eligibility, licensing, insurance premiums, school admissions, credit applications and, most importantly, one’s reputation.
  • Conviction Reversed for Conspiracy to Commit Burglary of Junk Cars for Gasoline
    The California Supreme Court has defined “building” broadly for purposes of burglary. Some may say that such liberal or loose definitions have led to convictions that were not legally correct. In the case of People v. Pablo Mendoza Chavez, a Kings County matter, Chavez was convicted of many offenses, including conspiracy to commit burglary.
  • Restitution Order in Federal Court Improper When Calling for Immediate Payment
    Jack Ward was convicted of nine counts of armed bank robbery. He was sentenced to 300 months in prison and ordered to pay $27,885 in restitution to the victims. The federal district court, without considering Ward’s ability to pay, ordered that the restitution payment be made “immediately.” This was impossible for Ward to follow, as he was broke and, once imprisoned, his earnings certainly did not allow “immediate” payment.
  • Legally Operating a Medical Marijuana Business in California
    Pursuant to California law, medical marijuana businesses legally are allowed to operate in the state. However, there are conflicts in the laws and confusion about what is and is not permitted. This article provides some general information on this unique area of business law and summarizes some of the major differences and similarities between these organizations and those in other industries.
  • Why to Hire a Criminal Defense Attorney, Fast!
    After being arrested for a DUI, life becomes viciously confusing and difficult. Logistics become skewed as memory fades and those indicted begin to panic. Before someone is charged with any form of a crime, they should hire a criminal defense attorney to evade unnecessary convictions. Here are a few reasons why an attorney should be hired as soon as possible.
  • Prescription Pad Fraud Contributes to Rampant Drug Abuse
    The surge in prescription drug abuse may be directly linked to the small pads that doctors use to scribble prescriptions for patients. Authorities found thousands of these seemingly innocent pads that were unsigned and stored at a diagnostic imaging center in the San Fernando Valley in connection to a suspected Medicare fraud scam. This is but one example of a situation where paper scripts are being used by drug abusers and pill pushers.
  • I Lost My DMV Hearing for My DUI - Now What?
    If you or a family member receives an adverse ruling from the DMV relating to a DUI charge and you face a suspension of your driver’s license, it is only natural to think of an appeal. This may be a response to a belief that the DMV ignored evidence, misapplied the law or that the effects of a license suspension harm one’s employment, health or schooling.
  • You Should Hire an Experienced Orange County Criminal Lawyer
    I am an Orange County criminal attorney; I am also referred to as an Orange County Criminal lawyer. It is the same thing. I have experience, passion, dedication, and success, while representing those facing prosecution for various crimes from drugs, theft assault to DUI. I treat no case too small or inconsequential when one is talking about your freedom. Prosecuted for a criminal offense is something that no one is prepares for, and it can literally ruin your life and turn your life upside down.
  • Surprising Crimes in the Casino
    It may surprise you to learn that the majority of crimes committed inside of casinos do not involve the gambling itself. Instead, the 10 casinos in Pennsylvania reported that accounts of theft of wallets and purses for this year far outweighed the crimes of passing counterfeit money and forgery. Part of the reason for this shift in the type of crimes committed involves the modernization of gambling machines.
  • All Criminal Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Criminal Law including: arson, assault, battery, bribery, burglary, child abuse, child pornography, computer crime, controlled substances, credit card fraud, criminal defense, criminal law, drugs and narcotics, DUI, DWI, embezzlement, fraud, expungements, felonies, homicide, identity theft, manslaughter, money laundering, murder, perjury, prostitution, rape, RICO, robbery, sex crimes, shoplifting, theft, weapons, white collar crime and wire fraud.

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