1. What is criminal defense?
Answer:
The legal representation of criminal suspects, usually to protect one’s rights as well as argue against the strength of evidence with the aim to get the case dismissed, lessen the charges against him, or acquit them.
2. What are some of the kinds of criminal defense?
Answer:
Innocence: There is proof the defendant did not commit the crime.
Self-defense: To keep oneself or another person from the threat of potential harm.
Alibi: Demonstrating the defendant was elsewhere during the crime.
Insanity: Claiming the defendant lacked the mental capacity to understand their actions.
Mistake of Fact: Showing an honest misunderstanding of the facts negates intent.
3. What should I do if I’m arrested?
Answer:
Remain calm and respectful.
Exercise your right to remain silent.
Request an attorney immediately.
Avoid discussing the case with anyone other than your lawyer.
Read Also:
- https://quantumlawsolutions.com/7-frequently-asked-questions-about-felonies-and-misdemeanors/
- https://quantumlawsolutions.com/20-questions-about-criminal-justice-you-should-know/
- https://quantumlawsolutions.com/5-key-questions-about-criminal-trials-and-their-procedures/
4. Do I have to answer police questions?
Answer:
No. The Fifth Amendment guarantees your right to remain silent. You may decline to answer any questions until your attorney is present.
5. What occurs during an arraignment?
Answer:
The arraignment is the first court appearance at which the defendant is advised of the charges against him or her, enters a plea (guilty, not guilty, or no contest), and the judge sets bail or release conditions.
6. May charges be dismissed before trial?
Answer:
Yes, charges can be dismissed if the defense successfully challenges evidence, procedural errors occur, or the prosecution lacks sufficient evidence.
7. What is the difference between a misdemeanor and a felony?
Answer:
Misdemeanor: Less severe crimes punishable by up to one year in jail (e.g., petty theft, DUI).
Felony: Serious offenses punishable by more than one year in prison (e.g., robbery, murder).
8. How is bail determined?
Answer:
The factors a judge looks at when he or she decides on bail are the severity of the crime, flight risk, and prior criminal history. Bail can be denied in some situations.
9. What is plea bargaining?
Answer:
Plea bargaining is negotiation between the defense and prosecution; the defendant is to plead guilty to lesser charges or reduced sentencing in exchange for avoiding trial.
10. How does a defense attorney build a case?
Answer:
Defense attorneys:
Investigate facts and collect evidence.
Weaknesses in the prosecution case should be found.
File motions to suppress inadmissible evidence.
Develop a legal strategy including the calling of witnesses or an alternative theory.