One of the rights of some criminal defendants is having a trial before a jury of their peers. Many people think that this Sixth Amendment right is present in all criminal cases, but this isn't the case. Defendants who aren't facing at least six months in prison aren't automatically afforded the right to a jury trial.
Facing felony charges is something that frightens many people, especially if you think about the horrible consequences that can occur. It is imperative that you take the time to learn about the defense options that you have. You might be surprised at some of the options that you have.
We recently discussed how sentencing factors must be considered when you are planning your defense. These factors have a big impact on what you are going to face if you are convicted of the charges placed against you. We know that you might not want to think about that possibility, but there aren't any guarantees when you are facing a criminal charge.
Many people think that a criminal defense stops when a person is either found guilty or not guilty. This isn't the case. Your defense continues beyond this point because of the sentencing phase.
We recently discussed how there are some criminal charges that are resolved without the defendant going to prison or jail. Alternative sentences can often help to achieve this. While there isn't any guarantee that one of these sentences will be imposed during sentencing, we can work on this as a goal of your defense.
Whether you plead guilty to a criminal charge or are found guilty of a criminal charge, you will have to be sentenced. Not all sentences result in time in jail or prison. In fact, many sentences are considered alternative sentences because they don't result in any time in jail.
A crime's classification is a huge consideration in criminal cases. Many people know that there are implications of being convicted of a felony that don't involve the criminal court system. These implications of a felony are known as collateral consequences. These include a host of things that can affect you for the rest of your life, including the time after the court-imposed penalties have been completed.
Felony charges of any sort can have a big impact on your future. Just last week, we discussed the case of a teacher who is facing drug charges. The sad fact in that case is that the teacher might not ever be able to return to teaching just because of a mistake. In some cases, such as with drug charges, the cause of the case might be more than just someone wanting to commit a crime.
The criminal justice system takes a very harsh stance against a number of crimes. In the United States, a big emphasis is placed on punishment instead of rehabilitation. This puts people who are facing criminal charges in a hard position. Some people need help to stop the behaviors, but instead of getting that help, they are forced into a situation where they are placed with other people who have committed crimes. This might not help the situation at all. In fact, it can sometimes exacerbate issues that are already present.
When you are facing criminal charges, there is a chance that those charges will come without you having to actually have successfully committed the crime. It is possible for you to be charged with an attempted crime. The addition of the word "attempt" can have a profound impact on your case.