Criminal Defense Basics

Criminal Defense

Criminal Defense Basics

Criminal law dictates what conduct is dangerous to people or damaging to society. Such conduct is labeled a "crime" and is punishable by a variety of sentences, including fines or imprisonment.

Get familiar with the basics of criminal law and the rights you're legally entitled to if you are arrested for a criminal offense.

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Legal Guides

What is criminal (defense) law?

Written by Avvo Staff. STAFF PICK

Criminal law is an area of law that relates to certain conduct that is dangerous to citizens, or damaging to the society. Such conduct is labeled a "crime" and is made punishable by fines,... more
Criminal Law Guide: Arrest Tips

Written by attorney Nikiki Bogle. STAFF PICK

Be polite and courteous with police. Don't give any reason to escalate the situation. Don't complain about the stop or arrest or argue with the police. Stay calm; control your emotions. Stay in... more
Criminal Legal Guide: Knowing Your Constitutional Rights

Written by attorney Nikiki Bogle. STAFF PICK

Right to Remain Silent:. You are not required to talk to the police when questioned about a crime. Do NOT give a statement. The Fifth Amendment and the Miranda decision of the Supreme Court... more
Miranda Warning

Written by Avvo Staff.

The purpose of the Miranda Warning is to make sure any information you give the police is given voluntarily, and not because you are being threatened or somehow forced to talk. If you are placed in... more
If I'm accused of a crime, am I guaranteed a trial by a jury?

Written by attorney Jonathan Blecher.

The U.S. Constitution gives a person accused of a crime the right to be tried by a jury. However, this right does not extend to petty offenses -- defined as offenses that do not carry a sentence of... more
Burden of Proof in a Criminal Case

Written by attorney Matthew Wallin.

The state (aka, "prosecution" or "district attorney") must satisfy the burden of proof necessary for a criminal prosecution. It is important to distinguish the three burdens of proof in court... more
Statute of Limitations for Federal vs. State Crimes

Written by Avvo Staff.

Statute of limitations is a time limit. It's an idea that charges must be filed against a suspect within a certain amount of time from the date the crime happened. The reason is to protect... more