Extra Information
Criminal Law Overview
Saturday, July 5, 2008
Philadelphia (PA / NJ) Criminal Defense Lawyer
Federal – State – Juvenile Court
Hablamos Espanol
Your choice of legal representation after a criminal arrest in Pennsylvania or New Jersey could mean the difference between fines, jail time and a criminal record or going home to your family. If you have been arrested on a felony or misdemeanor charge, CONTACT Brennan Law Offices immediately to protect your rights and secure the best possible outcome according to the facts and the law.
DUI – Drunk Driving / Gun – Drug Charges / White Collar – Federal Crime
Internet – Sex Crime / Burglary – Robbery – Theft / Murder – Assault / Juvenile Law
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Every client of Brennan Law Offices receives personal attention from an experienced Philadelphia criminal defense attorney, not a paralegal or office staff. We have helped clients navigate the criminal justice system for over 20 years and are committed to the timely and affordable resolution of serious legal matters for all clients, regardless of the charges.
Criminal Defense - An Overview
Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.
Criminal Liability
Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. First, a person must have the intent to take the criminal action. Traditionally this culpable state of mind was called mens rea, Latin for guilty mind.
The second requirement for criminal liability is actus reus, Latin for guilty act. The prohibited physical event must take place in combination with the requisite criminal intention for the actual commission of a crime to take place.
Constitutional Protections of the Criminal Defendant
When our country was founded, its supreme law was recorded in a document called a constitution. A national constitution establishes the country's basic philosophy and structure and can be looked at as the blueprint from which the laws will flow. The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people.
Classifications of Crimes
Because the negative behavior regulated by the criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. If you face questioning or arrest or are accused of a crime, you should consult an experienced attorney as early in the process as possible for help protecting your legal and constitutional rights. A criminal-defense lawyer can explain the particular crime involved and its possible ramifications.
The Death Penalty
Worldwide, capital punishment is becoming less popular and is seen increasingly as a human-rights violation. The majority of executions take place in Iran, China and the United States. In the US, 37 states and the federal government allow execution as a criminal penalty under certain circumstances. The states with the highest numbers of executions are Texas, Florida, Virginia, Missouri and Oklahoma. Experienced legal counsel is of the utmost importance for anyone accused of a capital crime.
Criminal-Defense Resource Links
Equal Justice, USA
ACLU: Prisoners' Rights
Justice Denied
The Sentencing Project
Prison Policy Initiative
Frequently Asked Questions about Criminal DefenseQ: Is unsuccessfully attempting to commit a crime an offense? A: It may be. It depends on the circumstances and on the law of the jurisdiction. A person who intends to commit a particular crime and takes a substantial step toward perpetrating it, but fails to actually complete it may be guilty of the separate crime of attempt. Generally an act that is extremely remote from the completed crime, such as early preparation, will not be significant enough to constitute criminal attempt. Q: What is the role of the grand jury? A: The US Constitution requires that the federal government convene a grand jury to decide whether accusing a person of a major crime is appropriate. In a practice originating in England, the grand jury reviews the evidence and may hear testimony in deciding whether to indict someone, but the grand jury makes no decision about guilt or innocence. Another traditional purpose of the grand jury is to serve as a buffer between an overzealous prosecutor and the accused. All states also use the grand jury system to some extent. |