Criminal law is a broad term that includes all of the crimes in the United States according to the governing rules on both the state and federal level. Sometimes it is confusing to decide whether federal or state laws are in force since the same activities are often illegal on both the state and federal level.
The FBI (Federal Bureau of Investigation) is responsible for being the enforcers of federal legislation. This jurisdiction would include all levels of criminal cases including drug trafficking and abuse, possession of illegal firearms (such as smuggling arms across the border), and any crimes that involve federal laws.
States are granted the right to develop their laws, according to the 14th Amendment of the US Constitution. State laws vary from state-to-state though they may be similar. The punishments and general sentencing of crimes are usually similar, but the level of punishment can vary widely from state to state. State police and private detectives and investigators are involved in state crimes, but sometimes they may be referred to federal agencies if they are found to include federal laws.
Generally, federal crimes carry a stiffer punishment than state crimes. But this often depends on the degree of severity, complications, and other circumstances surrounding the crime.
Federal Court v. State Courts
Crimes involving national or federal law is usually held in a federal court such as one of the 94 U.S. Judicial Districts that are organized into 12 regional circuits. Each of these circuits also has a U.S. Court of Appeals. The Court of Appeals hears appeals from the district courts within the circuit involved, but they may also hear appeals from decisions of the federal agencies.
State courts are located in various locations within the 50 states such as the New Jersey Supreme Court, which is the highest court in the state of New Jersey that hears state-level cases.
Local and District Courts
Below the state level, New Jersey also has several local and district courts that handle cases on the local level. If a case deals with a crime that requires it to be passed up to the higher courts, the judge will refer it to a higher court.
What happens if I am arrested for a state crime?
State crimes in New Jersey can be found by viewing the crimes list on David Schlendorf’s page. Here you will find an extensive list of crimes. Some of these crimes may be considered federal crimes, while others may be regarded as state crimes.
Either way, if you are arrested of any crime, you need the help of an experienced criminal law attorney to avoid risking losing your freedoms by incarceration or paying huge fines or restitution for your actions, if you are convicted.
When you seek the help of an attorney like David Schlendorf, you’ll find that it doesn’t matter if you are guilty or innocent. Schlendorf is an experienced and licensed attorney at law who believes in the rights that the United States Constitution guarantees you which is the right to a fair trial.
Based on that premise, you can feel comfortable to sit down with him or his associate lawyers and explain your situation. Crimes involve many factors. Attorneys understand that there may have been circumstances that led you to commit the crime even if you did not intend to do so.
Legal Strategies
If you are innocent of the crime, then they will work to prepare a case that will show you could not have committed the crime based on some different factors. These factors will illustrate how you either didn’t have the means, motive, or opportunity to commit the crime in question or that your character was such that you would not have committed the offense due to your moral code of conduct and other factors.
There are many other legal strategies in the state of New Jersey that you can use to prove your innocent. But remember, you do not have to prove your innocence.
You only have to disprove your guilt.
The “Burden of Proof” Standard
The burden of proof standard for crimes on both the state and federal levels involves the standard of “reasonable doubt.” Legal sources explain this as any evidence you can present in a court of law that illustrates a ‘reasonable doubt’ in the mind of a reasonable person that the crime was committed by the accused.
In other words, to exonerate a client from a criminal case, all that is required is that we show a “reasonable doubt” that he did not do it. It is not necessary to prove beyond all doubt that he did not do it.
In legal circles, the word “possible” is never used as a standard. If it were, it would be almost impossible to exonerate anyone who was accused of a crime. Instead, we use the term “reasonable doubt,” and that is the standard that we live up to when defending an accused person.
This is only one aspect of the legal process, but it helps to understand that, using the facts of a case, we need only plant the seed of a doubt of the crime in the minds of jurors to get a not guilty verdict. The burden of proof is on the plaintiff or in criminal cases, the DA. The district attorney or prosecutor who is attempting to convict the accused must lay out evidence that proves beyond a reasonable doubt that the accused did the crime.
We Can Help!
That’s where we come in. At DTS Law Firm, we will come to your defense if you are accused of a state crime in the state of New Jersey. We will take down the facts of your case and plan a strategy based on the evidence against you. Then we will lay out a case for reasonable doubt.
We cannot promise we will win every case we take on, but come in for a free evaluation, and we will show you our record. We are pleased to help you with your legal matter, no matter how bad it looks. We can help at DTS Law Firm in Toms River, NJ.
Make an appointment today!