Seattle Criminal Defense Lawyers
Criminal Law Practice Center
Frequently Asked Questions about Criminal Defense
Q: 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.
The likelihood of an arrest leading to a conviction in the United States has risen since 1992. While a number of defendants think that they can "beat the system" without the representation of a skilled Washington criminal defense attorney, that simply is not the case. When you have your entire future at stake, it is extremely important to hire a qualified Seattle criminal lawyer who has an outstanding track record of having sentences reduced and charges dropped.
An Overview of Criminal Defense
Our criminal system is very complex, and at times may be overwhelming for a defendant who has been charged with a serious crime. In the U.S., people are incarcerated at a much higher rate than in other industrialized countries, and looking back we see that prison terms are long and occurring more frequently than in the past. If you have been arrested, it is important that you hire a skilled Tacoma criminal defense attorney who is skilled in all areas of Washington criminal law and who will aggressively fight for your constitutional and legal rights.
Criminal Liability
Throughout history, it has been required that within our criminal justice system two things be present for any criminal liability to attach to an action, which are: 1) an individual must have the intent to take the criminal action (mens rea, Latin for guilty mind); and 2) the physical criminal act actually took place with criminal intentions (actus reus, Latin for guilty act).
Constitutional Protections of the Criminal Defendant
At the time the United States was founded, its supreme law was recorded in the Constitution, which established our country's basic structure for laws and how they apply. The U.S. Constitution, and its amendments which have followed, describe the scope of our government's power, as well as the individual rights of citizens in our country. All citizens are entitled to certain rights, and if you have been charged with a crime, you should contact a Redmond criminal lawyer to discuss those rights.
Classifications of Crimes
All crimes are classified into levels based on the particulars of each crime; therefore the penalties for crimes vary greatly. Most crimes are considered a felony, misdemeanor, or infraction. In certain circumstances, a crime that could be considered a misdemeanor may be charged as a felony, following an evaluation of factors related to the crime. As you can see, it is imperative that you hire an aggressive Kirkland defense attorney as early as possible to ensure that you understand what your charges are, as well as the consequences that you are facing.
The Death Penalty
There has been a trend, worldwide, of the death penalty losing popularity, as it has been deemed as a human rights violation in many parts of the world. Presently, a majority of executions occur in China, Iran, and the United States. In fact, 37 states in the U.S., as well as the Federal government, permit execution as a repercussion for extremely serious criminal acts. If you have been accused of a capital crime, which may result in the death penalty, you must contact an experienced Washington criminal defense lawyer immediately.
Finding a Job Following a Criminal Conviction
Today, a majority of employers are more concerned than ever about whether or not a potential employee has a criminal record. In part, this is because employers in various industries have been held responsible for negligently hiring people with criminal histories who have harmed others while in the workplace, or while performing work related tasks. In cases like these, the employers have large jury verdicts rendered against them as a penalty. Laws vary in regards to which criminal record an employer may have access to, as well as what information a convict must supply to a potential employer. For more information about employment after a conviction, please contact a skilled Seattle criminal defense attorney.
Criminal-Defense Resource Links
Equal Justice, USA
"Capital Defense Handbook For Defendants and Their Families" provides information and advice about death-penalty cases from the defense point of view.
Prisoners and Prisoners' Rights
The Legal Information Institute (LII) from Cornell University Law School is known internationally as a leading provider of public legal information. The LII's prisoners' rights section includes links to related resources.
Justice Denied
"Justice Denied" is a magazine devoted to helping people who have been wrongly convicted of crime in the US and internationally.
The Sentencing Project
A national leader in the development of alternative sentencing programs and in research and advocacy about criminal-justice policy.
Prison Policy Initiative
The Prison Policy Initiative conducts research and advocacy about incarceration and criminal-justice policy.