All About The Criminal Defense And The Criminal Lawyer

Civil law and criminal law are different. As far as the former is
concerned, disputes between individuals and organizations are dealt
with. But in criminal law is the law relating to crime. Criminal law
comes into picture, when welfare of public and society is endangered.
Breach of contract, injunction, tort and other personal injuries are
civil crimes. Tort simply means civil wrong. Offenses like riot,
kidnapping, manslaughter, sexual assault, threat to kill come under the
category of criminal offense.

An act done with the guilty intention makes a guilty
act. In the latin language, there is a maxim that brings a light on this
line. It is nothing but actus non facit reum nisi mens sit rea. When
the crime is committed, evidence are collected. Then the suspect is
arrested on the basis of evidence collected. When arrested, the accused
has the right to remain silent as anything said by him might be used
against him in the court of law. A criminal lawyer is hired by the
accused. Now the criminal defense comes into the picture.

Questions You Must Ask Criminal Lawyers in Phoenix, Arizona


If you or one of your loved ones has been charged with criminal offence
it becomes vital for you to hire an experienced criminal lawyer in
Phoenix, Arizona. This is where the challenge starts as you need to hire
an attorney who has a proven track record. Though you can zero in on a
legal firm by gathering information about them from a website or some
referrals it is important for you to pose some questions before you rest
your case in their hands. Here are some of the important questions that
you need ask to such lawyers.

Robert J. Campos & Associates, P.L.C. (https://www.robertjcampos.com)
is one of the most reputed law firms in Phoenix, Arizona and has built
this reputation through dedicated service to its clients. They don’t
guarantee the outcome of the case but put in their best efforts to
defend the interest of their clients.

Criminal Law – Basics

Penal law, which is also known as criminal law, in short pertains to law that deals with crimes and their punishment. Criminal law is responsible for setting and maintaining definitions of crimes, as well as their punishment, which is inherently linked to the perceived impact to the great community and the individuals which make it up.

No moral examination takes place in criminal law practice, and neither does it prevent the ability of the people to commit the crimes it prohibits. This would go against every major constitution in the world as it will intrinsically also limit the people’s freedom. The law of criminal procedure basically consists of the apprehension of an individual or group, laying of the charges, and finally trying those suspected of committing an act deemed inappropriate.

Get Educated on Criminal Law and More!

The great thinker, Aristotle, once said, the law is reason, free
from passion, but in order to practice the same, there is a need to
study and learn as much as possible. Law is a truly vast subject and
with a range of specializations, there is a constant need for practicing
lawyers to stay updated. Perhaps this is why; there are plenty of books
on offer, on the very subject. From Family Law to company law,
licensing laws to contractual laws, there are plenty of books on offer
today.

However, the first step towards gaining effective
knowledge is picking out the right books. By choosing a reputed
publisher, practitioners of law can be assured that not only will they
gain the right information, but also in the best possible manner. There
is no point picking up a book that has all the legal points, but in a
hard to digest manner.

Long Island Criminal Lawyer – Miranda Changes Explained

I am often asked during the course of my Long Island Criminal Law
practice what should clients do when they are being questioned by the
police. My advice to those clients has always been quite simply “shut
up”. When given your Miranda warnings and you are told that you have the
right to remain silent, BELIEVE IT AND DO IT. Silence was golden.
However, in light of the recent Supreme Court case known as Berghuis v.
Thompkins, that advice has to change somewhat.
The Supreme Court on
June 1, 2010, ruled that a defendant who had been given his Miranda
warnings, but had not specifically asked for an attorney, and had not
specifically declined to answer questions, HAS WAIVED HIS RIGHT TO
REMAIN SILENT. The defendant was continually questioned for three hours
AFTER HIS MIRANDA WARNINGS WERE GIVEN and THEN made an admission that
ultimately contributed to his conviction for homicide.
The Supreme
Court ruled that his failure to affirmatively exercise his Miranda
warnings and request a lawyer, DID NOT OFFER HIM ANY PROTECTION FROM THE
USE OF STATEMENTS MADE BY HIM. So now, in light of this decision, I
have to change my advice and my advice is now this: After you hear the
Miranda warnings, TELL THEM YOU WANT A LAWYER. TELL THEM YOU WILL NOT
ANSWER ANY QUESTIONS. THEN SHUT UP! So really what you have to do is
make your position known and then be quiet. Once you have made your
position on questioning and the presence of a lawyer is made known, the
advice I give to a great many of my clients, that EVEN A FISH WOULDN’T
GET IN TROUBLE IF IT KEPT ITS MOUTH SHUT, continues to apply.