A criminal charge is a formally accused crime. If convicted of the crime, it could result in jail time or financial penalties. Criminal charges are filed by a prosecutor after they believe that there is sufficient evidence to accuse someone of breaking the law. Once a person is charged with a crime, they will receive their first court date. The first court date is known as an arraignment.
The prosecutor has to prove that every element of the crime that they are charging a defendant with occurred. These elements are outlined in the statutes that describe the crime. For example, to be convicted of shoplifting, the prosecutor must prove that the defendant took an item from a store without paying for it. If the crime involves unauthorized access, they must prove that the defendant entered a computer network without authorization.
Some crimes have been around for centuries, while others reflect societal concerns like domestic violence and DUIs. As a society, we have also adopted many new crimes based on changes in technology. For example, cyberbullying and revenge porn are newly created crimes that were not considered illegal before the advent of social media.
A good criminal defense lawyer will know the laws of your state and the laws of the country that you are in. They will be able to explain the penalties you might face if convicted and will help you prepare your best possible case. They will be able to help you gather any evidence that you might have to support your side of the story. This could include pictures, videos, text messages, and the contact information for folks who can vouch for your innocence. They will be able to advise you about whether or not you should talk to law enforcement officers and can protect your right against self-incrimination.
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