Typical punishment and penalties for juvenile delinquents and youth offenders. by: Kathleen Michon, J.D. Juvenile courts have a wide range of sentencing options (usually called “disposition orders”) that they can impose on juveniles or youth offenders who are found to be “delinquent” (that is, finding that the minor violated a criminal law). Typically, disposition options… Read More
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Miranda Rights for Students
School interrogations sometimes require Miranda warnings. Learn when they do, and when they don’t. By Sherilyn Streicker You probably know that police officers are supposed to advise arrested suspects of their Miranda rights before questioning them. But you might not know whether school administrators have to provide these warnings to students suspected of wrongdoing. What Triggers Miranda? The Miranda warning… Read More
Fingerprint Evidence in Criminal Cases
Learn how fingerprint evidence is gathered and used in criminal investigations and trials. Fingerprint evidence, although sometimes not as high-profile as other high-tech crime-solving methods like DNA typing, is still very much used in criminal investigations and cases. While the principle that no two people can have the same fingerprints cannot be scientifically validated,… Read More
Class E and Level 5 Felonies
Some states classify crimes as Class E (or Level 5) felonies, which are typically less serious than felonies in Classes A, B, C, and D. What is a Class E Felony? The states and the federal government classify crimes as misdemeanors or felonies, which are more serious than misdemeanors. Many states further classify felonies into… Read More
Criminal Consequences of Spanking Your Children
Standing on the sidewalk with your three-year-old, she pulls away from you and starts running toward a busy street. To her, it is a game, but to you, it is a life-threatening situation. You grab her just as she heads into the street and deliver a swift smack on the bum with an admonition, “No… Read More
Mistakes of Law by Criminal Defendants
There’s some truth to the saying that “ignorance of the law is no defense.” By John McCurley A longstanding rule in criminal law is that a “mistake of fact” is a valid defense, whereas a “mistake of law” is not. But the waters are very murky in this area of law. There are many exceptions… Read More
Paying a Private Criminal Defense Attorney
How much will a lawyer cost? Here are the various ways that private criminal lawyers charge for their work. By Sara J. Berman One of the first questions you’re likely to ask an attorney whom you’re considering hiring is, “What will this cost?” Here’s the low-down on how criminal defense attorneys charge for their services,… Read More
How should I plead at arraignment?
By Micah Schwartzbach, Attorney At some point in the early stages of criminal proceedings, whether at the first court appearance or a subsequent arraignment, courts ask defendants how they choose to plead. In the overwhelming majority of cases, it makes most sense for defendants to plead not guilty at this point. Defendants can almost always… Read More
Motions for New Trial
Even after they’ve been all the way through trial, defendants can seek new trials. But judges don’t grant them very often. By Alexis Kelly After a criminal trial ends in a conviction, the defendant can file a motion for a new trial. Courts grant these—though rarely—to correct significant errors that happened during trial or if… Read More
Dropping a Civil Lawsuit in Exchange for Dismissal of Criminal Charges
In some cases, a criminal defendant agrees to give up a lawsuit if the prosecution drops charges. The Civil Rights Act of 1871 allows people to sue the government for a violation of rights at the hands of government agents. (42 U.S.C. § 1983.) For example, a victim of police brutality can sue the relevant… Read More