FAQ

Q: What is the difference between a felony and a misdemeanor?

A: The traditional definition of a felony is a crime that is punishable by a year or more in jail. Misdemeanors are lower class crimes which do not warranty severe action and punishments. A misdemeanor is a crime that is punishable by imprisonment of less than one year. Felony crimes are the most serious class of offense in the court system. Crimes commonly considered to be felonies include, but are not limited to murder, rape, aggravated assault, arson, and grand theft.

Q: What should I do if I am arrested?

A: If the police arrest you, you should remember to remain calm at all times and don’t get into an argument with police – even if you believe you are innocent. Think carefully you words, movements and body language because anything you say or do can be used against you in court. Immediately ask to call an attorney. Even if you are innocent and were in no way involved in the crime for which you have been arrested, ask for an attorney and do not speak to the police without a criminal defense attorney present.

Q: Should I use a public defender or a private attorney?

The decision to use a private attorney or a public defender must be your choice and yours alone. However, a recent study reported in the New York Times discussed the difference between being represented by a public defender as opposed to being represented by a retained attorney in a criminal case. The study concluded that in serious cases “the average sentence for clients of public defenders was almost THREE YEARS longer than the average for clients of private attorneys.” Furthermore, when all cases were considered, the average sentence for clients of public defenders was almost FIVE YEARS longer than the average for clients of private attorneys.

Q: If I am convicted of a crime while I am in the United States legally on a work visa, can I be deported?

A: Yes, if a person who is not a citizen of the United States is convicted of a crime, he or she can be deported. This includes lawful permanent residents who are lawfully living and working in the United States. Under the Immigration and Nationality Act, if a non-citizen is convicted of an aggravated felony, a crime of moral turpitude or any one of a number of listed crimes in a third category (such as violations of laws relating to domestic violence, controlled substances and possessing a firearm), he or she is at risk of deportation. In addition to deportation, a conviction may adversely affect a lawful permanent resident’s ability to become a United States citizen.

Q: What is the role of the grand jury?

A: The grand jury decides whether there is sufficient evidence to indict a suspect and continue the criminal proceedings against him or her. The indictment is the formal process of charging a person with a crime. The grand jury reviews the evidence and may hear testimony in deciding whether to indict someone, but the grand jury makes no decision about guilt or innocence. All states use the grand jury system to some extent, though there may be differences in procedures and number of jurors.

Q: What is the role of the prosecutor?

A: The prosecutor is the attorney who represents the federal, state or local government in a case against a criminal defendant. The title of the prosecutor varies by jurisdiction, but some common titles include district attorney, county attorney, city attorney, United States attorney and state attorney. The prosecutor has the public duty to punish those committing crimes, balanced with the duty to fairly try such individuals.

Q: What is the difference between probation and parole?

A: Probation is a type of criminal sentence that allows a person to stay in the community rather than serve time in prison, as long as he or she complies with certain conditions, such as regularly reporting to a probation officer, refraining from alcohol and drugs and not committing further crimes. Parole is the supervised release of a prisoner from incarceration into the community before the end of his or her sentence. Conditions of parole are similar to those of probation.

Q: What is restitution in the criminal context?

A: Depending on the applicable federal or state laws, part of a criminal sentence may include the payment of restitution to the victim or victims for their related losses. Restitution may include compensation for property damage or loss, medical and rehabilitation expenses, lost income or funeral expenses. Part of the philosophy behind criminal restitution is to give the criminal offender a direct part in making things whole with his or her victim.