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Criminal Attorneys Can Help Those Charged in Federal Court

Criminal Attorneys Can Help Those Charged in Federal Court

The purpose of the criminal justice system is to impose serious consequences for those who fail to abide by the law. Therefore, these laws are enforced by the threat of punishment, the specifics of which vary widely across jurisdictions and types of offenses. Because these punishments can be severe, it is essential that the system work to provide fair outcomes for those who stand accused. The role of criminal attorneys is to stand as advocates for the accused and to help them navigate the complexities of the law.

A major difference between penal and civil law is that the former is enforced by the government and the latter typically by private parties. Whereas a private individual determines whether to sue someone - for example, in a personal injury suit due to negligence - it is the usually district attorney's office (i.e., the state) that brings charges for a crime.

There are many different types of offenses that criminal attorneys deal with, covered in large volumes of penal law in individual states. They are commonly divided into offenses against person, property, and justice. Crimes against the person include, among others:

  • Assault

  • Battery

  • False imprisonment

  • Kidnapping

  • Mayhem

  • Sexual assault

  • Murder

  • Felony Murder

  • Manslaughter

  • Negligent Homicide

  • Vehicular Homicide

The following are considered to be against property:

  • Arson

  • Blackmail

  • Burglary

  • Embezzlement

  • Extortion

  • False pretenses

  • Larceny

  • Possession of or receiving stolen property

  • Robbery

  • Theft

Finally, these are examples of those against justice:

  • Compounding

  • Misprision

  • Obstruction

  • Perjury

  • Malfeasance in office

Though much of the penal code is specific to states, there are also a great many charges that are specific to the federal legal system, including some of the above. Common offenses that are handled in these courts include drug possession and trafficking, sexual offenses, and white collar crimes. These charges can be especially severe due to strict federal sentencing guidelines.

It is important that defendants have their lawyers present even early in proceedings after they are arrested. A magistrate judge will be called upon to determine probable cause (whether there is enough evidence to support a charge), and it is at this point that bail is often set, or sometimes at a separate bond hearing. Criminal attorneys are typically present at these early hearings, both to help clients make the best choices and to get a look at what kind of case the prosecution has.

Some legal professionals practice exclusively in state courts, so it is important that a defendant find a lawyer with both the expertise and proper credentials to argue in a federal court. The prosecution may be able to take advantage of defendants who do not seek proper representation, perhaps by offering a plea that is not necessarily in the defendant's best interest. Having a lawyer present at every step in the proceedings is imperative in order to zealously fight the charges against you; for a qualified criminal lawyer defense  is a winning strategy.