Criminal Lawyers in San Antonio.com

Criminal Lawyers  in San Antonio

Criminal Law Glossary

Action – Process or proceeding taken in any court of law. In criminal court the prosecutor initiates the case and Criminal Lawyers defend.

Adversary system – U.S. trial system in which each of the opposing parties have the opportunity to state their points of vew before the court. In a criminal case in a criminal lawyers argue against the defendant’s guilt.

Affidavit – A written or printed declaration or statement under oath. More often used my lawyers defending civil cases than criminal lawyers.

Affirm – Assertion of an appellate court that the judgment of the lower court is correct and should stand.  If a criminal lawyer has appealed a criminal case on behalf of a client and the higher court affirms the lower courts verdict then the criminal lawyer has not prevailed in the appeal.

Allegation – An assertion declaration or statement of a party to an action made in a pleading, stating what he expects to prove.  Criminal Lawyers defend clients against criminal allegations or charges.

Alleged or allegation- Stated; recited; claimed; asserted; charged. In the US an accused party is presumed innocent until proven guilty , therefore the criminal act is alleged  until such time as a defendant is found guilty. Criminal Lawyers defend their clients against criminal allegegations

Appeal Anyone who is  found guilty of a crime may “appeal” his or her case, requesting that a higher court hear it. A criminal lawyer may file an appeak on behalf of his client. The appeals process may take a case from a local district court, to the Supreme Court of America.

Appearance The formal proceeding by which a defendant submits to the jurisdiction of the court. It is normal for a Criminal Lawyer to accompany a defendant at any appearance.

Arraignment – Procedure in which an accused person is brought before the court to answer charges. The accused may admit guilt or plea “not guilty.” If the accused pleas “not guilty,” a date for trial will be arranged. . It is common for a Criminal LAWYER to accompany a defendant at any appearance.

Bail – A criminal lawyer will argue before the court that his client should be granted bail. An accused person may post bail (or a relative, spouse, associate, or friend of an accused person) to secure his release from jail while awaiting trial. Bail money is held to guarantee that the accused party will appear before trial. Bail money is returned after the trial is complete, minus any applicable administrative fees.

Capital Punishment – Capital punishment, or “the death penalty,” may be used as a punishment for persons who have committed capital offenses such as first-degree murder and treason. In the United States the death penalty is employed by electrocution, lethal injection, gas poisoning, hanging, or firing squad. Capital cases SHOULD  handled by experienced criminal lawyers.

Crime – If a person fails to act in accordance with the law, he or she has committed a crime. State and federal laws determine what constitutes a crime. Minor offenses are referred to as misdemeanors and major offenses are referred to as felonies.  Criminal Lawyers defend clients against both misdemeanor and felony charges.

Criminal Law – Criminal law governs cases in which a crime has been committed. Criminal cases are brought to trial by the state or the federal government, and criminal offenses may be punished by fines and/or imprisonment. Crimes are specified as misdemeanors or felonies. Criminal Lawyers defend clients against both misdemeanor and felony charges.

Courts of limited jurisdiction – Includes district, municipal and police courts. Individuals often appear before these courts without a criminal lawyer to defend them depending on the severity of  what they are accused of.

Driving Under the Influence (DWI and DUI) – Driving under the influence of drugs or alcohol is considered a criminal act in the United States. A person found guilty of driving under the influence may  lose his or her license, be fined, and face imprisonment. Anyone accused of a DWI or DUI should seek the advice of a Criminal Lawyer even if it is a first offense.

Embezzlement – Generally a white-collar crime, embezzlement deals with the misappropriation of company or government funds or property by an employee or civil servant who had been entrusted with them. Some Criminal Lawyers specialize in defending clients accused of these crimes.

Extortion – A criminal offense, extortion occurs when one party blackmails another or takes property or money through threats or intimidation.

Federal Court – Federal courts try both civil and criminal cases. It is the duty of federal judges to ensure that the rights provided to citizens by the U.S. Constitution and federal laws are protected.  US attorneys prosecute and Criminal Lawyers defend those accused of federal crimes.

Felony – A felony or “high crime” is a crime that may be punished by a year or more of imprisonment in a state or federal prison. Examples of felonies include murder, kidnapping, rape, and burglary. Anyone accused of a felony is well advised to seek the advice of a criminal lawyer.

Fraud – A defining aspect of fraud is breach of trust. Fraud is committed when one party deceives or misleads another, and through that deception acquires money or property, or abuses the victim’s rights. Fraud may go undetected for a period of time as the victim usually relies on the perpetrating party for information. Subcategories of fraud include securities fraud, tax fraud, Internet fraud, identity fraud, and health fraud.

Juvenile Delinquency – Criminal acts committed by persons under the age of 18 are referred to as acts of juvenile delinquency. Jurisdiction over most juvenile delinquency cases is held by the juvenile justice system, which aims to rehabilitate rather than punish offending youth. In many cases juveniles are represented by public defenders or criminal lawyers that volunteer their time.

Larceny – A form of theft, larceny occurs when one party intentionally takes money or property from another. Grand larceny (usually defined as a theft of property over $500) is considered a felony, while petty larceny (a theft of property worth less than $500) is considered a misdemeanor.

Misdemeanor – A crime punishable by less than a year of imprisonment in a county jail and/or a fine is considered a misdemeanor. Examples of misdemeanors include shoplifting, simple assault, disturbing the peace, and driving under the influence (provided no one is injured).

Model Penal Code – In an effort to bring greater uniformity to the state laws in practice across the United States, the Model Penal Code was created. The code proffers certain legal standards and reforms to the states, but is not law in itself.

Parens Patriae – The juvenile justice system of America was formed under the idea of “parens patriae,” or “state as parent.” The state is deemed to have a responsibility to care for youths who have begun dangerous or criminal life patterns. Within this parental role the state has a responsibility to do what it can to rehabilitate youth in its care.

Perjury – “Lying under oath,” or “perjury” is a criminal offense. A person is legally required to truthfully answer questions, or abstain from answering at all, if he or she has sworn before a court clerk, notary public, or other official to tell the truth. Perjury interferes with a juror, judge, or official’s ability to accurately understand the information being presented.

Reasonable Doubt – In order to convict a defendant of a criminal offense, a juror or judge must believe “beyond a reasonable doubt” that the defendant committed the crime. If a juror or judge finds the evidence against the defendant inconclusive, he or she has a responsibility to find the defendant “not guilty.” It is the job of criminal lawyers to establish reasonable doubt when possible.

Securities Fraud A stockbroker, financial advisor, corporation, or investor may commit securities fraud by:

• Deliberately misrepresenting the worth of a company or the value of its stock.
• Illegally trading within an investment account.
• Failing to keep accurate books.
• Making deals or trades based on inside information.

State Court – Within the U.S. judicial system, each state is given the right to try defendants for violations of state laws. The bulk of civil and criminal cases tried in the U.S. each year are heard in state courts.

Waiver and Transfer – An intake officer or prosecutor may, through a petition waiver, request that a juvenile delinquency case be heard in criminal court instead of juvenile court. If the petition is approved, the juvenile court will waive its jurisdiction and the case will be transferred to a criminal court. Reverse waivers, in contrast, transfer youth being tried in criminal court back to juvenile court.

White Collar Crime – Examples of white-collar crime include embezzlement, securities fraud

Criminal Lawyers in San Antonio

There are many ways to define criminal law, below you will find a concise definition as provided by WikiPedia. What constitutes a crime can very widely from one State to another and even from one county to another.  The definition of criminal law below serves as a good general definition.

“The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties.”

Other definitions of criminal law are widely available on the internet.