The phrase “pleading the 5th” often comes up in reference to courtroom dramas. What does it actually mean? Should you plead the 5th, and if so why? What is the Fifth Amendment? The fifth amendment contains the right to remain silent. This means that you cannot be compelled to provide information that would incriminate you. […]
Category: Criminal Law
The Basics of Plea Deals
If you’re facing criminal charges, it’s likely that the prosecutor in your case will offer you a plea deal before your case reaches trial. A plea deal (also known as a plea bargain), is an agreement in which you accept criminal culpability and forfeit your right to a trial in exchange for a set punishment. […]
Summary of Marijuana Laws by State
In the United States, the usage, growth or possession of marijuana is illegal at the federal level, but states are permitted to create marijuana laws of their own. Some states legalized the use of marijuana for at least some purposes several decades ago. Others only allow its use for specific purposes, or they have decriminalized […]
How to Look Up an Arrest Record
If you have ever had a run-in with the police, then you may have an arrest record to your name. Even if you have never been convicted of a crime, an arrest record can still be a major hurdle that you have to carry around with you. Just like with having a criminal record, an […]
Can a Police Officer Lie to Me?
In order to obtain a confession or any other evidence that might lead to one, a police officer who has detained or arrested a person in connection with a crime is allowed to lie. Those lies don’t just consist of little white lies either. Courts across the United States have consistently held that any lies […]
Bench Warrants 101
In all 50 states, bench warrants are the most widespread form of warrant issued by today’s courts. The most common source of an outstanding bench warrant is failing to appear before a judge on the day and time of a scheduled court hearing. There are, however, a wide variety of additional reasons why bench warrants […]
Your Rights When You Are Under Arrest
Miranda rights No matter where a suspect is detained by the police–whether on the side of the street, in a police car or at the police station–he or she retains certain constitutional rights: the Fourth Amendment right to be free from an unreasonable search and seizure; the Fifth Amendment right to remain silent; and the […]
Under Arrest: Overview
An arrest occurs when a police officer takes away a person’s freedom to walk away from an encounter with the police. In the eyes of the law, seizure of a person’s body has effectively occurred, and therefore arrests are covered by the Fourth Amendment protections from unreasonable seizures. Police officers are not justified in making […]
The Criminal Justice System: An Overview
A primary principle of the American criminal justice system is that everyone is innocent until proven guilty. Most crimes have two or more elements, and the prosecution must prove “beyond a reasonable doubt” that the defendant committed each of the elements of the crime charged. For example, the elements of the crime of battery are: […]
Information Regarding Juvenile Offenders
OVERVIEW Criminal charges against minors are generally tried in juvenile court rather than in the regular criminal courts. While punishment is still a major aspect of the juvenile court system, the focus of the juvenile court system is most often education and rehabilitation. Usually, minors under the age of 7 will have no criminal responsibility; […]