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CRIMINAL LAW FUNDAMENTALS YOU DIDN’T LEARN
IN GRADE SCHOOL, HIGH SCHOOL OR COLLEGE CRIME: We all know
what crime is. There are some
people who break the law not knowing so and have applied to them the axiom
“ignorance of the law is no excuse” and suffer the consequences. Others may commit a crime while in a drug or alcohol blackout
and have no memory of their act; an act they might never have committed if not
“under the influence.” A
CRIME is an act
by a person which act breaks a law. There
are also instances when failure to act is a crime. Modern crime codes have changed a lot of the older familiar
terminology but there still are essentially three categories of crime: summary
offenses; misdemeanors; and felonies. Lets take a quick look at these various categories: Summary
Offense.
A summary offense is usually breaking a minor law such as traffic
violation or imaging in disorderly conduct matter and petty thief
i.e. shoplifting. A person accused of a summary offense is brought before a
court either through citation which is issued by a law enforcement officer or by
a summons issued by a court. The
court that usually hears summary offenses is small claims
court which can be called a district court, or municipal court or
similar name. It is a court
where there is no jury and from which finding a fault or guilt affords the
defendant the opportunity to file an appeal and get what is called a “trial de
novo” a
second bite of the apple so to speak. Trial de
novo means that everything said at the first hearing is not brought before the
next court which in Pennsylvania is the Court of Common Pleas, and in New Jersey
the Superior Court. These courts
are known as trial courts where a person can have a civil or criminal matter
adjudicated by a judge or a jury. There is an alternative to a hearing before a court in a summary
offense in most jurisdictions. It
is also applicable in certain more serious offenses such as first time
“driving under the influence” and other first offenders. It is called, Accelerated Rehabilitative Disposition or “ARD.” This
possibility should be discussed with you lawyer before trial. MISDEMEANORS
AND FELONIES.
These are more serious crimes. A
misdemeanor includes many offenses among them driving under the influence of
alcohol or drugs, simple assault and thief involving monetary values of a
certain amount or greater. Felonies
are even more serious crimes. An
example of a felony would be robbery, burglary, rape, arson, kidnapping,
manslaughter and murder. Within the
classifications of misdemeanors and felonies there are degrees i.e., first
degree, second degree and third degree. The degrees have maximum jail terms attached to them . Some
practical considerations: Being
stopped by a law enforcement officer.
A person may experience being stopped by a law enforcement officer who
may ask for identification and pose several questions.
This may occur without an arrest. There
may also be times when a citation may be issued such as for a traffic violation.
The police may also take a person into custody or otherwise deprive
a person of their freedom and if this is done the law requires that the
individuals be informed of their rights and told that they are under arrest.
This indicates that the individual is suspected of a crime
and should consult a lawyer as soon as possible. Resisting
arrest is a crime.
Law enforcement officers may use reasonable force if necessary to
accomplish an arrest. NOTE
OF CAUTION: If you are being arrested, and you are sure that it is
in some way a mistake, do not resist. Contact
your attorney as soon as possible to discuss what rights of yours may have been
violated. Police can also conduct certain searches without a warrant or
without your consent. Frequently
this is to determine whether an individual is carrying a weapon. Sometimes this is referred to as “frisking.”
Sometimes such a search is conducted to preserve evidence i.e. drugs. BEING
CHARGED WITH A CRIME.
If a person is charged with a crime, especially a more serious crime, you
he or she should be aware of their constitutional rights. The
two most important rights are well known to most people. The first is the right to
“remain
silent”. This
right has the purpose of warning a person that any statement they make can be
used against them i.e. self incrimination. The second right is the
right to have a lawyer
present at every step of
the arrest and prosecution process. These
rights apply whether you have been charge with a crime or not i.e. even if you
are just a suspect. FURTHER
WORDS OF CAUTION: There are several things you should remember when charged
with a crime. a.
Know you
rights; b.
Do not
argue with the police when in custody. Your
silence does not mean that you are guilty. This is understood by law enforcement
officials and the court as the exercise of your constitutional right; c.
You may
need to make arrangements for bail; d.
Do not
waive a preliminary hearing. Let
that decision be made only after consultation with your lawyer; e.
Don’t
discuss your case with anyone except your lawyer; and if you are arrest for a
DUI (driving under the influence of alcohol or drugs) do not refuse to take a breath, urine or blood test.
While clearly you can refuse to take these tests, that refusal itself
constitutes an offense which could result in the loss of a your driver’s
license for up to one year. f.
Never leave the scene of an accident. It
sometimes becomes a headline story, “hit and run” suspect apprehended.
Victim left to die.” Panic may set in, but you must call for help and the
police and attempt to assist the injured person(s). DON’T
RUN AWAY UNDER ANY CIRCUMSTANCES CONSEQUENCES
OF CRIMINAL CHARGES OR CONVICTION The first and most important concern is loss of your liberty and
the creating of a your criminal record. A
criminal record, unless expunged, (expungement may occur after a finding of
innocence,
the arrest record,
fingerprints and record of the charges may be destroyed at the local, state and
FBI).
Expungement requires a separate proceeding after the dismissal of the charges and you will need a
lawyer. Having a criminal record can affect a person for their entire life
in employment opportunities or restrictions on what kind of job a person may
hold. Also, a criminal record may
be used against you in a subsequent criminal charge under certain circumstances.
A criminal record can ruin a reputation and present numerous occasions to
“lie.” JUVENILE
DELINQUENCY. Every one is familiar with the term “juvenile delinquent.
” Even though a minor, juveniles still have rights and a parent should not
waive those rights if their child is accused.
There are instances where there is guilt by association i.e. your child
may be with a group of people one of whom has committed a crime without there
being a conspiracy involving your child. Parents
sometimes are in a rush to be cooperative believing that that will help their
child. What must be remembered is
that the policeman is not the judge nor is he the defendant’s lawyer.
He is a representative of the state, city or other municipality whose job
it is to enforce the laws and to apprehend those believed to have broken the
law. Although they may be polite and courteous, anything that is said
to a law enforcement official can be
used against your child and therefore talking with the lawyer should be the
first order of business. It may very well be that a child is guilty of an offense and
needs the help of a skilled and experienced criminal lawyer.
Remember, a juvenile does have a right to be legally represented. Ó
2003 James W. Pearson, Jr., All Rights Reserved FOR
ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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