At the sentencing hearing, both the prosecutor and defense counsel will have reviewed the probation report and supporting documents and statements. Counsel will present their respective sentencing arguments to the court. The offender will also be present. The defense will argue there are mitigating circumstances supporting a reduced sentence, while the prosecution will argue there are aggravating factors to support an enhanced sentence.

Criminal Jury Instructions, Deliberation, Verdicts And Outcomes To understand jury verdicts, we must also understand jury instructions. Jury instructions are the formal written directives the judge will use to inform the jury of the law in the case and the many rules on what the jury can and cannot do in reaching their verdict. Reading…

This article covers the main stages of a criminal jury trial. You will learn how the different parts of the trial system function within the overall objective of obtaining a fair and just verdict. Below, we summarize the major stages of a criminal jury trial, from jury selection to jury verdict and the defendant's right…

There are a variety of criminal defenses that may allow a defendant to avoid legal responsibility for their criminal actions. This article spotlights some of the most common affirmative and mitigating defenses to crimes, such as self-defense, duress-coercion, heat of passion, diminished capacity, insanity, and temporary insanity. Understanding Criminal Defenses Presumption of Innocence Under the law,…

Differences Between Criminal And Civil Law Civil matters adjudicate conflict between individuals and business entities, and criminal matters involve alleged wrongs committed by individuals against the public. This article will look at some of the differences between criminal and civil law: Criminal Law In criminal cases, the prosecutor's role is to represent the state or…

This article will focus on arraignment rules and general practices in state courts. Each state has its own laws governing its criminal procedure and arraignment process but do not significantly differ from other states. Federal arraignment is governed by Rule 10 of the Federal Rules of Criminal Procedure. Purpose of Arraignment The historical purpose of…

Each state's criminal justice system consists of legislative bodies that enact criminal laws and policing agencies that enforce them. The same is true for the federal criminal justice system. Federal and State Criminal Justice System Similarities Each state and the federal government have robust law enforcement agencies that include highly trained police officers and law…

The discovery sought depends on the type of criminal case being prosecuted. For example, if the case being prosecuted is drunk driving, the defense will seek discovery of the police report, witness statements, video, and the breathalyzer results. The defense will also request the maintenance and calibration records of the subject breathalyzer to determine if…

The fundamental rights of the accused emanate from the fourth (search and seizure, and the rights upon arrest), fifth (due process, self-incrimination, grand jury), and Sixth Amendment (rights of those charged in a criminal proceeding) of the U.S. Constitution's Bill of Rights. This article addresses the rights of the accused in criminal proceedings. According to…

Stopped, Detained, And Arrested for Drunk Driving A driver is said to be under the influence if, at the time of driving, the driver was so impaired by alcohol or drugs that the driver could not operate a motor vehicle safely. Range of DUI Charges and Penalties Depending on the state, the charges and convictions…

There are many different types of criminal defense lawyers. Most spend their time in state courts defending clients in state criminal actions. Other criminal defense attorney practice in both federal and state courts. This article focuses mainly on the federal criminal defense attorney. Federal Criminal Defense Attorneys If you are a target in a federal…

The role of the Federal Criminal Courts is to litigate criminal violations of federal law while ensuring fairness and due process for those accused of federal crimes. Federal courts adjudicate complex legal issues while balancing individual rights against competing societal interests. They also play a key role in mediating the roles between federal enforcement agencies…

Once convicted of a crime in a federal district court, your lawyer may determine there are viable grounds to appeal the conviction based on a court error of law. There are precise procedural rules your lawyer must follow to secure your right to appeal.   This article provides a summary of a very complex legal procedure.…

This article takes a deep dive into the anatomy of the personal injury trial. However, before going into the details and mechanics of what happens at a personal injury trial, we begin with a realistic look at the risks and costs of going to trial and the reasons why both plaintiff’s attorneys and defense litigators recommend settlement…