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Frequently
Asked Question About Criminal Defense
Q: What is a capital offense?
A: A crime for which the death penalty may be imposed.
Q: What is a common-law crime?
A: A crime that is punishable under the common law, rather than
by force of statute.
Q: What is common law?
A: The body of law derived from judicial decisions, rather than
from statutes or constitutions.
Q: What is a computer crime?
A: A crime requiring knowledge of computer technology, such as sabotaging
or stealing computer data or using a computer to commit some other
crime.
Q: What is corporate crime?
A: A crime committed wither by a corporate body or its representatives
acting on its behalf.
Q: What is a crime of omission?
A: An offense that carries as its material component the failure
to act.
Q: What is a crime of passion?
A: A crime committed in the heat of an emotionally charges moment,
with no opportunity to reflect on what is happening.
Q: What is a federal crime?
A: A criminal offense under a federal statute.
Q: What is hate crime?
A: A crime motivated by the victim's race, color, ethnicity, religion,
or national origin.
Q: What is white collar crime?
A: A nonviolent crime usually involving cheating or dishonesty in
commercial matters.
Q: What is the Miranda rule?
A: The doctrine that a criminal suspect in police custody must be
informed of certain constitutional rights before being interrogated.
Q: What is a criminal lawyer?
A: A lawyer whose primary work is to represent criminal defendants.
Q: What is criminal law?
A: The body of law defining offenses against the community at large,
regulating how suspects are investigated, charged, and tried, and
establishing punishments for convicted offenders.
Q: What is a felony?
A: A serious crime usually punishable by imprisonment for more than
one year or by death.
Q: What is a misdemeanor?
A: A crime that is less serious than a felony and is usually punishable
by fine, penalty, forfeiture, or confinement in a place other than
prison.
There are 3 basic types with standard of proof
There are essentially three standards of proof applicable in most court proceedings. In criminal and delinquency cases, the offense must be proven beyond a reasonable doubt, the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere preponderance of the evidence (more likely than not). In some civil cases, and in juvenile proceedings such a permanent termination of parental rights, an intermediate standard applies: proof by clear and convincing evidence.
Newsroom
News about Criminal cases in New Mexico and nationwide:
Definition:
An order issued by the court for the arrest of a person
Circumstantial evidence
Definition:
All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy.
Felony
Definition:
A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree
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