standard of proof in criminal cases

According to the Pew Research Center, only 2% of all criminal cases go to trial. There is a high probability that criminal cases that go to trial will result in a conviction. However, if the prosecution fails to meet the required standards of proof, the defendant cannot be convicted of any criminal charges.


What Is the Standard of Proof in Criminal Cases?

crimes against property

If you or a loved one has been accused of a crime against property, it's essential to understand the legal implications of these charges and to seek out the resources and support you need to defend yourself. This page will explore some of the most common crimes against property and provide information on how these cases are typically prosecuted in the United States. By understanding the legal system and your rights as a defendant, you can better navigate the criminal justice process and work towards a fair outcome in your case. 

Crimes Against Property

criminal defense lawyer cost

The average cost of a criminal defense case can range from several thousand to tens of thousands of dollars. However, having a criminal defense lawyer can provide invaluable benefits, such as a better understanding of the legal system, protection of one's legal rights, and potentially a better outcome. 
In this article, we will provide a strategic overview of the costs of a criminal defense case, the benefits of hiring a criminal defense lawyer, and some legal resources available to individuals convicted of a crime.


How Much Does a Criminal Defense Attorney Cost? [2023]

What Happens if Police Violate Miranda Rights?

Safeguarding a person's rights is paramount to upholding the principles of fairness and due process in criminal justice. One of the cornerstones of these protections lies in Miranda rights, designed to shield those in custody from self-incrimination during police interrogations. With nearly 72,000 criminal trials at the federal level in 2022, the Miranda warning plays a crucial role in protecting the innocent.

should i accept a plea deal

In some cases, a plea bargain requires more than just a guilty plea. For example, a defendant may be offered a reduced sentence in exchange for testimony against another defendant in a different case. A plea bargain requires that a defendant relinquish three constitutional rights: the right to a jury trial, the right to protect oneself against self-incrimination, and the right to confront the prosecution’s witnesses. 

What Your Lawyer Wants You to Know About Plea Bargains

difference between criminal and civil trials

The United States is among the most litigious societies in the world. The IAALS reports that over 100 million cases are filed each year in state trial courts, with an additional 400,000 filed in federal courts. Defendants are tried in millions of civil and criminal trials throughout the country. While most people are aware of our nation’s legal system, their familiarity is likely limited to the civil courts (for example, divorce proceedings or fighting a traffic ticket), and they are less familiar with criminal proceedings. It is important that plaintiffs, defendants, and their attorneys clearly understand the differences between the processes of civil and criminal courts.  

What’s the Difference Between a Civil Trial and a Criminal Trial?

criminal trial step by step

The criminal trial process in the United States is a complex and multifaceted system that involves numerous steps and procedures. From the initial investigation to the final verdict, each stage of the process is critical to ensuring justice. Along the way, individuals accused of a crime may hire a criminal defense lawyer to represent them in court. These lawyers are essential to protecting the rights of the accused and ensuring a fair trial. 

Steps in the Criminal Trial Process

What Happens When Evidence Is Obtained Illegally? DUP IMAGE

This article delves into the intricate landscape of illegally obtained evidence, exploring its impact on criminal trials and the indispensable role that criminal defense attorneys play in protecting defendants' rights. Through real-world examples, legal insights, and examining the exclusionary rule's dynamics, we will explore and explain the complexities of this critical facet of the justice system.

What Happens When Evidence Is Obtained Illegally?

Bail 101: Getting Out of Law Enforcement Custody

As we explore the multifaceted nature of bail, this article aims to illuminate the intricate workings of the system. From understanding the many forms of bail to the significance of securing a reputable criminal defense attorney, we will examine bail’s impact on the trajectory of justice. 

crimes involving substances

If you or someone you know has been accused of a crime involving substances, it is crucial to understand the different types of crimes that fall under this category. In this detailed list, we will outline the various crimes involving substances, including drug possession, drug trafficking, drug manufacturing, driving under the influence, and more. By understanding the different types of substance-related crimes, individuals can make informed decisions about defending themselves in court and navigating the legal system.

Crimes Involving Substances

crimes against animals

This page provides the following:
An overview of common crimes against animals
The burden of proof for prosecution and defense for each offense
A list of legal resources available to defendants in animal cruelty cases

These resources can provide defendants with legal guidance, support services, expert witnesses, and advocacy efforts to help them navigate the legal system and achieve the best possible outcome in their case.


Crimes Against Animals

what to expect at arraignment

Before attending your arraignment, it is important to understand the overall purpose and proceedings. An arraignment is the defendant’s initial appearance in court after being charged with a crime. At this initial hearing, the defendant is advised of all charges they face and will be offered the chance to enter a plea against them.

What to Expect at Arraignment

Can I Get My Criminal Records Expunged?

More than 45,000 federal and state statutes prohibit people with criminal records from performing activities available to people without criminal records. These include employment, housing, education, and more. It is still possible to fall under this category even if you have never been convicted. Even if you are never convicted, an arrest for it can appear on your criminal record. This can cause a variety of problems for you in the future. If you have a criminal record and would like to get your records expunged, you will find the information and resources needed in this article to help you.

crimes against people

This page will explore some of the most common crimes against people, including assault, domestic violence, and homicide, and discuss the legal options available to defendants accused of these crimes.

Crimes Against People

four major criminal defenses

In this article, we will provide a crucial overview of the four primary criminal defenses and explain how they can be used to defend against criminal charges. We will also examine the role of criminal defense attorneys and the challenges they face in representing their clients in the criminal justice system. By understanding the different types of criminal defenses and the legal landscape of criminal trials in the United States, defendants can make informed decisions about protecting their legal rights and defending against criminal charges.

The Four Major Criminal Defenses

Your Rights When Interacting With Law Enforcement

This guide empowers individuals by providing a comprehensive understanding of their rights. We will examine the nuances of asserting your rights, remaining respectful, and taking steps to ensure that your legal interests are upheld.

can i represent myself in court

This article provides a step-by-step guide on preparing for and representing oneself in a criminal trial, offering valuable information and legal resources such as court clerk's offices, law libraries, and legal aid organizations. By following these steps and utilizing available resources, defendants can increase their chances of success in their cases. With the proper preparation and a strong understanding of the legal process, defendants can effectively represent themselves in court and achieve a fair outcome. However, in most cases, it's probably best to retain representation from an experienced attorney.

Can I Represent Myself in a Criminal Trial?

criminal trial length

Those involved in a criminal trial are often anxious to understand what they should expect in the weeks and months ahead. In general, they want to know how long criminal trials last. If you are facing an upcoming criminal trial, you are likely interested in learning more about the expected timeline and outcomes. Because each case is unique, there is no single answer to this question. However, learning more about the contributing factors of criminal trials can help you, and your attorney prepare your case.

Criminal Trial Timelines and Outcomes: What to Expect [2023]

Search and Seizure Law: Everything Your Lawyer Wants You To Know

In the United States, criminal cases are numerous, with over 4.5 million arrests annually. Knowledge of search and seizure laws becomes essential to ensuring a fair and just legal system. Criminal defense lawyers play a pivotal role in upholding these laws, working tirelessly to safeguard individuals' rights and secure due process. In this guide, we'll explore your legal rights during encounters with law enforcement, highlighting how search and seizure laws can impact your interactions.

What Happens at Pre-Trial Hearings?

This page delves into the key elements that typically unfold during pre-trial hearings, providing a comprehensive outline of the process. This page clarifies the courtroom dynamics from the questions a judge might pose to defense attorneys' strategies.

Search Warrants: Everything Your Lawyer Wants You To Know DUP IMAGE

In this article, we will unravel the intricacies of search warrants, providing you with a deep understanding of what they are and how they can impact your life. We’ll explore the process of obtaining search warrants, debunk common misconceptions, and outline your rights when confronted with one. Moreover, we’ll walk you through what to do if you’ve been served with a search warrant, what to expect during the execution of the warrant, and delve into legal precedents and case examples that illustrate this critical aspect of criminal law. 

Search Warrants: Everything Your Lawyer Wants You To Know

The non-emergency contact number for the local police station in Mission Viejo is (949) 770-6011.

You can get a copy of the police report related to your case in Mission Viejo by completing the Request Authorization for Release of Case Information form, which can be downloaded from <a href="https://www.ocsheriff.gov/commands-divisions/professional-services-command/records/information-management/report-request">https://www.ocsheriff.gov/commands-divisions/professional-services-command/records/information-management/report-request</a>. Once accomplished, email your request to <a href="mailto:reportrequest@ocsheriff.gov">reportrequest@ocsheriff.gov</a>. You may also submit a request through fax (714-834-5466), U.S. mail (P.O. Box 449, Santa Ana, CA 92702), or in person (Records Division in Santa Ana.)

If you get charged with a DUI with a suspended license in Mission Viejo, the prosecutor holding your case will attempt to prove that:
<ul>
<li>you were operating a motor vehicle;</li>
<li>you were under the influence of alcohol;</li>
<li>you were driving with a suspended license; and</li>
<li>you knew that the license was suspended.
If found guilty, you may face consequences that include probation of at least three years, a fine of over $2,000, mandatory attendance to an alcohol recovery school, imprisonment up to 180 days, and two points added to your driving record.</li>
</ul>

Yes, it would, especially if the person with a past domestic violence conviction is pursuing a career in public service. This sector includes jobs like teaching, law enforcement, healthcare, government service, and other roles that entail working with vulnerable demographics. Fortunately, a law effective since 2018 gives convicted people in Mission Viejo a fair chance at securing a job based on competence without being rejected instantly because of their criminal record. The law is called the Fair Chance Act, also known as Ban the Box law.

The Fair Chance Act gives convicted people in Mission Viejo the opportunity to have gainful employment. The law prohibits public and private employers with five or more employees to:
<ul>
<li>ask about a person’s conviction history during the initial phase of the job application;</li>
<li>consider a person’s criminal history before a conditional job offer; and</li>
<li>retract a job offer without taking into account the gravity of a conviction, the time that has elapsed since the conviction, and the nature of the job the person is seeking.</li>
</ul>

Yes, it is illegal to sell cannabis in Mission Viejo. In Orange County, only Santa Ana has state-approved dispensaries and recreational shops where adults 21 years and older can buy cannabis products. Recreational consumers can purchase up to 28.5 grams of cannabis flower and no more than eight grams of cannabis concentrate products. On the other hand, medical patients can buy up to 8 ounces of cannabis flower daily.

Criminal defendants convicted for felonies in Mission Viejo have 60 days from the judgment date to file a notice of appeal, while criminal defendants convicted for misdemeanors have 30 days. Exceptions can be given if there's proof of mental incompetence or physical incapacity. Failure to do so within the timeframe can result in the loss of the right to appeal.

Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:
Misdemeanors
<ul><li>Petty theft</li>
<li>Public intoxication</li>
<li>Simple assault</li>
<li>Disorderly conduct</li>
<li>Vandalism</li>
<li>Reckless driving</li></ul>
Felonies
<ul><li>Murder</li>
<li>Rape</li>
<li>Kidnapping</li>
<li>Aggravated assault</li>
<li>Specific types of fraud</li>
<li>Possession of certain types of drugs</li></ul>

The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.