Denver Criminal Lawyer David C. Japha
Unlike civil
law, which involves private law suits between two or more
private entities, criminal law attorneys represent
clients who are being prosecuted by the state or federal government
for an act that has been classified as a crime. Any act or
failure to perform an act as designated by public law is
considered a crime. With the exception of strict liability
crimes, most crimes consist of three elements: an act (actus
reus), a mental state (mens rea) and the intent to do social
harm. Crimes are classified as "misdemeanors" (less
serious offenses that are normally punishable by a fine like
some traffic violations, petty theft, or possession of a small
amount of marijuana) and "felonies" (more serious
offenses that warrant imprisonment of one or more years, such
as rape, grand theft, assault and battery, assault with a deadly
weapon, or homicide/murder).
In criminal law, the suit is initiated by the
state or federal government through a prosecutor rather than
being initiated by the victim, as it is in civil
law. Plaintiffs in a civil
law suit only need to show by a preponderance of the evidence
that a defendant is 51% or more liable (responsible) for the
damages. But, the prosecutor in a criminal law case
has to prove to the judge or jury "beyond a reasonable doubt" that
the defendant is guilty of the crime charged.
Can I answer not guilty even if I am guilty?
You are innocent until you are proven guilty. Your criminal
law attorney may think that the evidence against you
is not enough to prove that you are guilty. You may have a
better chance if you have a trial. You have a trial only if
you plead not guilty.
Can I be arrested for questioning?
No. Police can request you to accompany them to a police station
for questioning but you are not required to go unless you have
been arrested for an offence. It is not advisable to speak with
the police until you have first spoken with your criminal
law attorney. You should ask for a criminal law
attorney or independent witness to be present during questioning.
To discuss the opportunities we could provide to you as legal
counsel, please contact us by phone at 303-964-9500 or
by email at: DJapha@aol.com and
we'd be happy to discuss your case.
Denver Criminal Lawyer David
C. Japha
