Criminal charge
Encyclopedia
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime
. A charging document, which contains one or more criminal charges or counts, can take several forms, including:
The charging document is what generally starts a criminal case in court
, but the procedure by which somebody is charged with a crime, and what happens when somebody has been charged, varies from country to country.
Before a person is proven guilty the charge must be proven beyond a reasonable doubt. Beyond a reasonable doubt is when the charges are proven true and that there is no other possible explanation except that the defendant committed the crime.
s, tickets, and infractions do not have that harsh of punishments. The judge usually sentences the person accused of committing the charges right after the hearing. The punishments usually include things like fines, suspension, probation, a small amount of jail time, or alcohol and drug classes. If the criminal charges are considered more serious like a felony
then there is a more lengthy process for determining the punishment. Felonies include the most serious crimes such as murder
and treason
. There is a separate trial to determine the punishments for the criminal charges committed.
There are about sixty criminal charges that are considered more serious that people face every day. These charges can range from less serious actions like shoplifting
or vandalism
; all the way to murder.
to find out if they were charged. A police officer may also charge someone after they investigate the possible crime they committed.
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
. A charging document, which contains one or more criminal charges or counts, can take several forms, including:
- complaintComplaintIn legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
- informationInformation (formal criminal charge)Information is a formal criminal charge made without a grand jury indictment by a prosecutor in a document called an information.The term is used in Canada and various other common law jurisdictions, including a number of U.S...
- indictmentIndictmentAn indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
The charging document is what generally starts a criminal case in court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
, but the procedure by which somebody is charged with a crime, and what happens when somebody has been charged, varies from country to country.
Before a person is proven guilty the charge must be proven beyond a reasonable doubt. Beyond a reasonable doubt is when the charges are proven true and that there is no other possible explanation except that the defendant committed the crime.
Punishments
There can be multiple punishments due to certain criminal charges. Minor criminal charges such as misdemeanorMisdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s, tickets, and infractions do not have that harsh of punishments. The judge usually sentences the person accused of committing the charges right after the hearing. The punishments usually include things like fines, suspension, probation, a small amount of jail time, or alcohol and drug classes. If the criminal charges are considered more serious like a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
then there is a more lengthy process for determining the punishment. Felonies include the most serious crimes such as murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
and treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
. There is a separate trial to determine the punishments for the criminal charges committed.
Rights when facing criminal charges
In the United States, people facing criminal charges in any situation are given rights by the Constitution. These are the Miranda Rights and they are read to anyone facing criminal charges. These rights include things like the right to remain silent, habeas corpus, and the right to an attorney. It is important for someone facing criminal charges to know their rights so they can take the proper action using their rights. The officer arresting the person facing the criminal charges will have to read the following rights: You have the right to remain silent and refuse to answer any questions, anything you do say may be used against you in the court of law, you have the right to consult an attorney before speaking to the police and have an attorney present during questioning now or in the future, if you cannot afford an attorney one will be appointed for you before any questioning if you wish, and if you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney.Prosecution
Many people avoid criminal charges by staying out of the state where they committed the crime. A person facing criminal charges is always prosecuted in the state where they committed the charges. A person may be able to get away with minor violations like a ticket, but they will not be able to hide from something like a misdemeanor or a felony.There are about sixty criminal charges that are considered more serious that people face every day. These charges can range from less serious actions like shoplifting
Shoplifting
Shoplifting is theft of goods from a retail establishment. It is one of the most common property crimes dealt with by police and courts....
or vandalism
Vandalism
Vandalism is the behaviour attributed originally to the Vandals, by the Romans, in respect of culture: ruthless destruction or spoiling of anything beautiful or venerable...
; all the way to murder.
Reckoning
A person may not even know if they were charged. If they are worried they may have been charged with a crime they can contact an attorneyLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
to find out if they were charged. A police officer may also charge someone after they investigate the possible crime they committed.