Criminal law refers to the behavior that transgresses or offends the public, society and most especially the state. As a matter of fact, it provides the rule and other pertinent guidelines as to how the criminal offenses are confronted and addressed to instill obedience.
Moreover, it provides regulations on the following aspects of the field, which include among others:
- The commission of a wrong act that violates ones right.
- The filing of a corresponding criminal complaint-affidavit.
- The determination of the Prosecutor’s Office as to the probable cause.
- The filing of information to the judicial court with jurisdiction on the person of the defendant/accused and the crime/felony.
- Issuance of warrant of arrest and search warrant.
- Trial proper
- Undertaking of voir dire or the process where the lawyers and the judge process of selection of the members of the jury.
- Examination of the parties, which includes the cross examination.
- Deposition of witness testimonies and tender of evidence.
- Execution of affidavits.
- Adjudication that covers the judicial decision that ends a criminal proceeding by a judgment of acquittal, conviction, or dismissal of the case.
- Other pertinent matters such as but not limited to the application of penalties.
Under the law of North Carolina, there are two (2) types of criminal law, which includes the misdemeanor and the felonies. The former is sanctioned with an imprisonment of one (1) year or less while the latter deals with the imprisonment, which is more than one (1) year.
Further, a criminal case is distinctively distinguished against a civil case on the idea of whether or not the penalty against the commission of a wrongful act punitive or not. In a civil case, there is no penalty that requires imprisonment except only for the payment of monetary charges and fines that may be in the form of damages otherwise the case will literally be deemed a criminal suit.
However, do not be confused on the integration of the civil liability that is being entailed as part and parcel to the determination of the criminal case. This type criminal case litigation has already incorporated the civil liability arising from the same felony.
Relative to this, civil law is evidently defined as the disputes between the individuals or companies with juridical personalities involving a particular civil claim such as but not limited to the reparation of damages and / or collection of money, among others.
Criminal defense, on the other hand, is the term legally utilized to denote the act of protecting the welfare of the defendant, which covers the latter’s interests and rights through his chosen legal advocate, his Criminal Defense Lawyer. In North Carolina, the Criminal Defense Lawyers deal with the issues relating to the arrest, investigation, charges, sentencing, pleadings, motions, appeals and other pre, intra and post trial issues.
They typically mastered the Rules of Criminal Procedure that encloses all legal process in the court. This is the guiding policy that mandates the protection of the criminal law parties and to properly observe the Due Process of the Law to promote impartiality.
Under the purview of the foregoing and if you are in dire need a tight protection for your rights, in relation to a possible criminal complaint against you especially against the false accusations, it is strongly advice to avail the services of a committed Criminal Attorney to ensure your rights are being sheltered and defended and sanctions to this effect be justly applied if found guilty or pleaded guilty as the case maybe.
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The Law Offices of Karl E. Knudsen Provides Caring, Quality, Individualized Representation of The Injured and The Accused.