Can a person be punished for attempting to commit a crime?
Many jurisdictions have either a general "attempt" crime or individual statutes that make attempted murder, attempted robbery or the like a crime. The purpose of these statutes is to punish an individual who has shown himself or herself to be dangerously inclined to commit a crime without waiting until the criminal act is actually completed. In order to convict a person for an attempted crime, the government must prove beyond a reasonable doubt that the person had the intent to do an act or bring about certain consequences that would amount to a crime, and that he or she took some step beyond mere preparation towards that goal.
Who is the "prosecutor?"
Prosecution refers to the government's role in the criminal justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. Prosecutors are the lawyers who work for the government and who are responsible for presenting the government's case against a defendant. Prosecutors may be called county attorneys, city attorneys, state's attorneys or district attorneys.
What is a "grand jury?"
A grand jury is a group of people called together by the prosecutor to gather information about suspected criminal activity by listening to testimony from witnesses and examining documents and other evidence. The prosecutor acts as legal advisor to the grand jury and directs the flow of witnesses and evidence. At the end of the proceeding, the grand jury decides whether there is enough evidence to put the defendant on trial for the crime.
What is the difference between parole and probation?
Parole and probation are employed in the punishment phase of the criminal justice process. Parole comes into play after a person has been imprisoned and is released subject to supervision by an officer of the court. Probation, by contrast, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed for less serious or first offenses and typically involves releasing the convicted offender into the community subject to a list of terms and conditions.
What is "restitution"?
Restitution involves ordering the defendant to pay the victim a sum of money designed to compensate the victim for the monetary costs of the crime, such as medical bills, property damage, and lost wages. By federal law, under the Mandatory Victims' Restitution Act of 1996, restitution is required when a violent crime has been committed and for certain other, limited, offenses. Many state and federal laws also require a criminal offender to make restitution to the victim, and the court will order restitution under those laws when the offender is sentenced.
If I simply intend to plead guilty, who do I need a lawyer?
Even if you are guilty of the crime with which you are charged, it is important that you seek the advice of experienced counsel so that you can minimize your sentence and maximize your opportunities to move ahead with your life. Criminal defense attorneys are needed to ensure that the constitutional rights that are guaranteed to all criminal defendants, whether guilty or not, are preserved.
What is a deposition?
A deposition is a formal meeting, with a court reporter, where the defense and/or prosecution may question witnesses who are under oath.
What is a subpoena?
A subpoena is a court order to appear or bring information to a court proceeding. The target of the subpoena can object to the order, and a case within a case can evolve that deals solely with the subpoena. A subpoena has to be "served" on the party being ordered to produce information or testimony. Anyone can serve a subpoena, as long as they are not directly involved in the litigation.
What is the difference between a misdemeanor charge and a felony charge?
A misdemeanor charge is a minor criminal charge. The maximum penalty for a misdemeanor offense is one year in the county jail (usually a facility located within the county where the Defendant is sentenced).
