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Frequently
Asked Question About Criminal Defense
Q: What is a capital offense?
A: A crime for which the death penalty may be imposed.
Q: What is a common-law crime?
A: A crime that is punishable under the common law, rather than
by force of statute.
Q: What is common law?
A: The body of law derived from judicial decisions, rather than
from statutes or constitutions.
Q: What is a computer crime?
A: A crime requiring knowledge of computer technology, such as sabotaging
or stealing computer data or using a computer to commit some other
crime.
Q: What is corporate crime?
A: A crime committed wither by a corporate body or its representatives
acting on its behalf.
Q: What is a crime of omission?
A: An offense that carries as its material component the failure
to act.
Q: What is a crime of passion?
A: A crime committed in the heat of an emotionally charges moment,
with no opportunity to reflect on what is happening.
Q: What is a federal crime?
A: A criminal offense under a federal statute.
Q: What is hate crime?
A: A crime motivated by the victim's race, color, ethnicity, religion,
or national origin.
Q: What is white collar crime?
A: A nonviolent crime usually involving cheating or dishonesty in
commercial matters.
Q: What is the Miranda rule?
A: The doctrine that a criminal suspect in police custody must be
informed of certain constitutional rights before being interrogated.
Q: What is a criminal lawyer?
A: A lawyer whose primary work is to represent criminal defendants.
Q: What is criminal law?
A: The body of law defining offenses against the community at large,
regulating how suspects are investigated, charged, and tried, and
establishing punishments for convicted offenders.
Q: What is a felony?
A: A serious crime usually punishable by imprisonment for more than
one year or by death.
Q: What is a misdemeanor?
A: A crime that is less serious than a felony and is usually punishable
by fine, penalty, forfeiture, or confinement in a place other than
prison.
Miranda rule and Miranda rights are important
The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. The rights include: a. The right to remain silent and to refuse to answer any questions; b. The right to know that anything the suspect says can and will be used against the suspect in a court of law; c. The right to consult with an attorney and to have an attorney present during questioning; d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel.
Newsroom
News about Criminal cases in West Virginia and nationwide:
Definition:
A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter.
Dismissal without prejudice
Definition:
A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause.
Felony
Definition:
A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree
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