Criminal Law Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Court Cases

What is Criminal law?

Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. The goal of this process is that of achieving criminal justice.

According to criminal law, crimes are offences against the social order. In common law jurisdictions, there is a legal fiction that crimes disturb the peace of the sovereign. Government officials, as agents of the sovereign, are responsible for the prosecution of offenders. Hence, the criminal law "plaintiff" is the sovereign, which in practical terms translates into the monarch or the people.

The major objective of criminal law is deterrence and punishment, while that of civil law is individual compensation. Criminal offences consist of two distinct elements; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind). For example, in murder the 'actus reus is the unlawful killing of a person, while the 'mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also details the defenses that defendants may bring to lessen or negate their liability (criminal responsibility) and specifies the punishment which may be inflicted. Criminal law neither requires a victim, nor a victim's consent, to prosecute an offender. Furthermore, a criminal prosecution can occur over the objections of the victim and the consent of the victim is not a defense in most crimes.

Criminal law in most jurisdictions both in the common and civil law traditions is divided into two fields:

* Criminal procedure regulates the process for addressing violations of criminal law

* Substantive criminal law details the definition of, and punishments for, various crimes.

Criminal law distinguishes crimes from civil wrongs such as tort or breach of contract. Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms at large whereas civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law. Although many ancient legal systems did not clearly define a distinction between criminal and civil law, in England there was little difference until the codification of criminal law occurred in the late nineteenth century. In most U.S. law schools, the basic course in criminal law is based upon the English common criminal law of 1750 (with some minor American modifications like the clarification of mens rea in the Model Penal Code).

............................................................

6 Crucial Questions to Ask Before You Hire a Criminal Law Lawyer

Question #1: How much experience do you have specifically in the field of criminal law?

Some lawyers accept just about any case that comes their way, and then they find another attorney to handle it in return for some of the money recovered. You’ll get better results with an attorney
whose only focus is on criminal law.

A criminal lawyer with extensive experience will understand how to aggressively represent you in and out of state and federal court rooms. In addition, you’ll likely get an accurate estimate for the length of your case and its strong and weak points.

Question #2: What are your qualifications?

You’ll want to find a criminal law lawyer who is licensed to practice before state and federal courts within your state, as well as the United States Court of Appeals and the U.S. Supreme Court.

Question #3: What professional associations do you belong to?

Involvement with professional associations helps demonstrate a lawyer’s commitment to the legal system. Some favorable associations include the National Association of Criminal Defense Lawyers, American Bar Association and Association of Trial Lawyers of America. Also, look for attorneys who are members of the trial lawyers and bar associations from your state.

You may also want to seek out lawyers who are members of the Million Dollar Advocate Forum, an organization whose membership is limited to attorneys who have obtained settlements or judgments of $1 million or more.

Question #4: Will you handle my case or will you assign the case to an assistant?

Some law firms use senior lawyers to bring in cases and then assign the cases to assistants. You want an experienced criminal law lawyer handling your case.

Question #5: What are the fees for using your services?

Your attorney should be upfront about the merits of your case and fee. During your initial consultation, you should find out what your case will cost. A flat fee agreement will ensure there are no hidden charges.

Question #6: (Ask yourself this final question.): Do you trust the lawyer?

Find out what reputation your lawyer has with clients and the legal community. In addition, make sure your lawyer takes significant time to listen to you carefully, take notes and read your file thoroughly. Let your lawyer show you that he truly cares about the outcome of your case.

Resource Box

Frederick D. Paoletti, Jr. is the founding principal of Paoletti & Gusmano Attorneys at Law, a criminal defense and personal injury firm located in Bridgeport, Connecticut. For more articles related to protecting yourself during personal injury and criminal situations, please visit http://www.paolettilaw.net.