Overview

Criminal law covers "public wrongs", or offenses against the public and order. The federal, state, and local governments all define these laws and prosecute people who commit these crimes. Public wrongs range from traffic violations to the most serious offenses such as rape or murder. Those charged with a crime all called "defendants". They are represented by defense attorneys, while the government that charges the defendant is represented by an attorney called a "prosecutor" or "county attorney". If you are charged with a crime, you will need representation by an attorney with experience in criminal defense in order to protect your legal rights.

The Constitutions of the United States and Iowa require the state to follow the due process of law before depriving a person of their life, liberty, or property. Criminal statutes must therefore clearly define all crimes and criminal conduct, and cannot be vague or prevent understanding of conduct prohibited by law. Criminal statutes must define a guilty state of mind (called mens rea) as well as an illegal action (called actus reus). For example, it is not a crime to bump someone on a crowded train, because there was no criminal intent. It is also not a crime to think about harming someone without acting. This requirement also applies to attempted crimes. Conviction requires the defendant to take action to attempt a crime. An experience criminal defense attorney can explain these terms and concepts, and help you to understand the specifics of your situation.

The Criminal Defense Process

In order to assure that criminal trials are fair, both prosecutors and defense attorneys are held to a complicated set of rules and regulations. The complexity of these cases requires that a defense attorney should have expertise and experience in criminal law. A defense attorney should be involved in a case as soon as possible- ideally, even before police have interviewed a person. When an individual is arrested, the law enforcement officers are required to inform them of their right to an attorney and to have an attorney appointed if they cannot afford legal representation. These rights are commonly called "Miranda rights."

Often, cases involving child defendants are handled by the juvenile justice system. This system is less formal, and focuses on rehabilitation rather than punishment. Many criminal defense lawyers work in both justice systems, while others focus on one type or the other.

It is common for defense attorney to negotiate with the government and the prosecutors. The prosecutor may agree to drop charges if the defendant pleads guilty to a lesser charge. In all cases, the decision to plead innocent or guilty rests entirely with the defendant.

If a defendant is found guilty, he or she may be sentenced to a period of probation, a fine, community service, restitution or other payment, or prison time. An experienced lawyer can work to find the best possible deal for their client. If this is not possible, the lawyer will fight in court for their client to convince the jury that there is reasonable doubt as to whether the defendant is guilty.

The possible consequences of a criminal conviction are extremely serious, and if accused of a crime, you can find yourself in confusing and frightening circumstances. To protect your legal rights and your future opportunities, you should immediately seek the assistance of an attorney with experience in criminal defense. Even if the charge seems minor or you are convinced your innocence means you have nothing to hide, the seriousness of the situation demands that you contact an attorney.