Criminal Law FAQ

Q: What is criminal law and how does it differ from civil cases?

The government prosecutes persons for acts that are considered crimes. Unlike actions of those in civil cases, those persons convicted of crimes may be incarcerated, fined, or both. On the other hand, in civil cases, individuals and organizations may bring lawsuits against other individuals and organizations. If those individuals or organizations are found liable, they/it will not be incarcerated. The result of being found liable for breaking the law may include paying money or giving up property.

Q: How are crimes categorized?

Crimes are categorized as a misdemeanor or felony. However, an infraction is a noncriminal violation of law not punishable by imprisonment. On the other hand, a felony is a more serious crime punishable by imprisonment in the State's prison or by death. Any other crime is considered a misdemeanor.

Q: If you are arrested for an alleged crime what should you do?

Cooperate with the police authority. Then exercise your right to remain silent as afforded to you by the Constitution because what you say can and will be used against you in the court of law. After Miranda Warnings have been given, exercise your right to an attorney because questioning must cease until counsel has been provided. Call Graham-Davis & Jordan, PLLC if you find yourself in this situation and in need of legal assistance.