Navigating Criminal Defense Terminology: Key Terms Everyone Should Know

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In this article, you can discover…

• The definition of being legally charged with a crime.
• The types of charges you may face.
• How various legal terms can impact your case and your freedom.

What Does It Really Mean To Be “Charged” With A Crime?

A charge simply means that the state is proceeding against you legally with a matter that may cause a criminal penalty against you. A charge is not a statement of guilt or of innocence, and when charged, you have the right to be presumed innocent until proven guilty in a court of law.

What Different Types Of Charges Might I Face?

Charges can range from shoplifting, illegal gun ownership, and possession of drugs to murder. White-collar crime is a category of crime wherein a business person allegedly does something illegal financially.

Many people dealing with addiction face charges for possession of drugs. Weapons charges may be brought if you own a gun but don’t realize that owning a gun with a criminal conviction is against the law. Likewise, owning a gun while in possession of illegal drugs brings gun charges as you had a weapon on you while carrying an illegal substance.

It’s important not to get personally involved in anything that could lead to criminal charges. If you do find yourself facing charges of any kind, talk immediately with a criminal defense attorney to better understand your rights under the law.

What Does “Probable Cause” Mean In Criminal Defense Law?

Probable cause means there’s more reason than not to believe that a crime has been committed. This is usually the parameter that a judge uses during a hearing, determining for himself or herself that it’s more likely than not that you did something illegal.

Probable cause is also a basis for police officers to conduct activities like searches and seizures, traffic stops, and arrests.

From a percentage standpoint, this essentially means that there is claimed to be a 51% or more chance (more likely than not) that you have done something wrong.

Again, an officer or a judge finding probable cause does not imply your guilt or your innocence, but simply gives reason for a matter to be legally pursued.

How Is “Beyond A Reasonable Doubt” Defined, And Why Is It Important?

“Beyond a reasonable doubt” is a higher standard in criminal law than “probable cause.” In legal matters, you are presumed innocent until it is proven to the court that there is no reasonable cause to doubt your guilt.

It is the burden of the prosecution, therefore, to prove their case against you. They also must do so in a manner that leaves no room for reasonable doubt that you committed the crimes you are charged with.

If reasonable doubt remains for a jury as to whether you committed the crimes you are charged with, that jury is required to find you not guilty of those charges. Whether reasonable doubt is found depends highly on the facts of your case and how your attorney presents those facts in your favor.

What Does “Plea Bargain” Mean, And How Is It Reached?

A plea bargain is a deal or a contract reached between yourself, through your attorney, and the state. In exchange for pleading guilty, you are generally given the opportunity to plead guilty to lesser charges.

For example, if you are charged with murder and take a plea bargain, you and your attorney could plead down to manslaughter and face lesser charges and, hence, less severe legal consequences.

Plea bargains also allow you to maintain more control of a sentence and help you know what to expect in advance as far as jail time, probation, or other consequences.

What Is The Difference Between A “Trial” And A “Hearing”?

Hearings handle motions in relation to criminal law. You may have a hearing on a motion to dismiss charges against you or to determine whether something is acceptable as evidence. Hearings are less formal than trials, don’t involve a jury, and the standard of proof is “probable cause,” meaning the state feels there is at least a 51% chance that you are guilty of the charges you face.

Trials are much more formal, are generally conducted in front of a jury, and involve the application of your full constitutional rights, as asserted by your defense lawyer. This includes the right to cross-examine your witness, the right to confront your witness, the right to remain silent, and the right to have evidence suppressed.

The standard of a review for a trial is “beyond a reasonable doubt,” meaning that to find you guilty, a jury must be convinced beyond a reasonable doubt that you are guilty of the charges you face.

What Does “Burden Of Proof” Mean For My Criminal Defense Case?

The “burden of proof” is what the prosecutor has to prove. The burden of proving your guilt always rests with the state, represented by the prosecution. It is up to the state to prove that you are guilty, not up to you to prove that you are innocent.

You, the defendant, are not burdened with proving your innocence at all. In fact, during the trial, you may testify if you like, or you may remain silent, as the burden of proving your own innocence is not on you.

What Are “Statutes Of Limitations,” And How Do They Affect My Criminal Case In Missouri?

Statute of limitations is when a certain amount of time has gone by and that time has run out for the State of Missouri to bring a case against you.

The statute of limitations in Missouri for anything less than murder is three years. There is no statute of limitations for murder, and a case can be bought at any time from the alleged crime in that case.

For lesser charges, if nothing is brought by the state of Missouri in their investigation within a three-year period, then they are barred from bringing a case against you.

How Is “Sentencing” Determined In Criminal Cases?

Sentencing is entirely up to the judge, and no one but the judge has the right to sentence you. However, there are legal means that your defense lawyer can use to seek to mitigate your sentence.

For example, your social history, struggles with addiction, family issues such as abuse, or mental health issues can all be brought to a judge’s attention by your defense attorney.

This can help the judge see you as a real person with genuine struggles and may help them to consider less stringent sentencing in light of those circumstances.

What Is A “Criminal Defense Attorney,” And What Role Do They Play?

They play the most important role ever. Imagine the attorney being a rudder on a boat. He or she is going to navigate that client through the rough waters of criminal charges, and that attorney should be able to guide that client to the best harbor possible.

Most mistakes happen when the client doesn’t rely on the counsel of their attorney, talks with someone who’s not his attorney and gets bad advice. The most important thing you can do as a client is to get a reputable, hard-working defense lawyer and allow them to guide the legal process.

For more information on Navigating Criminal Defense Terminology, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (314) 786-3536 today.