Q: Do I need a lawyer's help if I am accused of a crime?
A: If you feel that you may be facing the Criminal Justice System, you need to call an Attorney. An attorney will not only be your best line of defense against charges you may face, but may also act as your advocate by ensuring that your constitutional rights are protected.
Q: What is the difference between a felony and a misdemeanor?
A: A felony is a major crime in which the monetary fine is above a certain threshold, or the incarceration time exceeds one year. Misdemeanor are considered less serious and have lesser punishments. In addition to fines and jail time, a felony conviction may prevent you from getting a job or exercising many of your civic rights.
Q: What should I do if I am arrested?
A: When you are arrested it is important that you ask for Legal counsel. Once you have done this, you should exercise your right to remain silent until your attorney is present. Your Attorney will help you through the troubling process and will give you helpful advice as to how to proceed with your defense.
Q: What is the role of the grand jury?
A: The Grand Jury is the judicial body that determines whether or not the prosecution has enough evidence to indict you. Indictment is the formal charging process by which you are charged with crime and are placed on trial. The Grand Jury is different from the jury that you may face during a trial. The Grand Jury will not make judgments of guilt or innocence. The Grand Jury will only rule whether or not there is enough evidence to proceed with the criminal trial.
Q: What is the role of the prosecutor?
A: The prosecutor is the attorney that represents the State or Federal Government that has charged you with a crime. A prosecutor will present evidence and arguments to support the case that you have committed a crime. The prosecutor uses information gathered from many sources to prove their case.
Q: What is the difference between probation and parole?
A: Probation is a sentence given in lieu of jail time. Often, probation is sentenced as long as the defendant agrees to certain conditions and/or obligations. Parole is the conditional release of a prisoner in the corrections system. Parole also comes with an agreement, by the parolee, to meet certain conditions and obligations. Parole and Probation may be revoked if the convicted party fails to meet the requirements set forth.
Q: What is restitution in the criminal context?
A: Restitution is the means by which the criminal court system requires the convicted party to pay back some or all of the damages to the victims or their agents. Restitution is commonly used to empower the convicted individual to be active in making things right.
Q: What is white collar crime?
A: Nonviolent, usually financial crimes, are often referred to as "White Collar" crime. these crimes which include such acts as embezzlement, fraud, and tax evasion are referred to as this because they generally come from "white Collar" offices instead of "Blue collar" jobs.
Q: How are children and youth prosecuted?
A: There is a separate criminal justice system for underage offenders. These special and separate facilities and systems focus on rehabilitation and helping to make the underage offender more likely to return to society and be successful. These juvenile systems also place a high level of sensitivity of protected the Children from the dangers of the Adult Criminal court system.
Q: If I am convicted of a crime while I am in the United States legally on a work visa, can I be deported?
A. Under the Immigration and Nationality Act, if a non-citizen is convicted of an aggravated felony, a crime of moral turpitude or any one of a number of listed crimes in a third category (such as violations of laws relating to domestic violence, controlled substances and possessing a firearm), he or she is at risk of deportation. In addition to deportation, a conviction may adversely affect a lawful permanent resident's ability to become a United States citizen
