March 10, 2018
What is Criminal Law?
Criminal law concerns the system of legal rules that define what conduct is classified as a crime and how the government may prosecute individuals that commit crimes. Federal, state, and local governments all have penal codes that explain the specific crimes that they prohibit and the punishments that criminals may face. Individuals who violate federal, state, and local laws may face fines, probation, or incarceration. A great personal injury attorney tampa can get the job done. Lawsuits against criminals are initiated by prosecuting attorneys who act on behalf of the government to enforce the law.
We all know that a crime is any act or omission of an act in violation of a law forbidding or commanding it. Most crimes are defined by statute, and they vary tremendously across different states and counties. The Model Penal Code (MPC) provides a good overview of the most common types of crimes, while the U.S. Code provides a list of all federal crimes. For a list of crimes in your state or local municipality, it is best to check your local penal code.
And while specific criminal acts may vary by jurisdiction, they can be broadly characterized as “felonies” and “misdemeanors.” Felonies include more serious crimes, like murder or rape, and are usually punishable by imprisonment of a year or more. Misdemeanors are less serious offenses and are punishable by less than a year of imprisonment or fines.
What is an Arrest Warrant?
An arrest warrant is a document that authorizes police to arrest a person that they suspect has committed a crime. A magistrate will issue an arrest warrant if a police officer submits a sworn affidavit showing probable cause that a specific crime has been committed by the person named in the warrant.
Can a person be arrested without an arrest warrant?
Yes. Typically, if a police officer has probable cause to believe that a crime has been committed, the officer may make an arrest without an arrest warrant. There are two exceptions to this general rule. First, absent exigent circumstances, officers must obtain an arrest warrant before arresting a suspect in their home. Second, most jurisdictions require an officer to obtain a warrant to arrest a suspect for a misdemeanor offense, unless the misdemeanor was committed in the officer’s presence.
You know if an arrest warrant was required and was not obtained before the arrest, or if the arrest warrant was issued without a showing of probable cause, a suspect may contest the validity of the arrest. If you need an auto accident attorney tampa if you need an auto accident attorney. A person will not be set free because their arrest was illegal. An illegally arrested person may, however, argue to exclude from their trial any evidence found during a search incident to the arrest or any statements made to police after being arrested.