Criminal Law
April Moore, Esq.
Los Angeles – California
Criminal Law
“Beware of lawyers who agree to represent you through trial for a fixed upfront fee.
Once they receive the money, they may not find any further incentive to diligently prosecute the case.”
“Mens rea” refers to criminal intent in committing an act. Precise definitions may vary from state to state, but the following levels and definitions of mens rea are generally accepted:
Negligence – A person knew, or should have known, of a substantial risk that the illegal or dangerous conduct would occur and acted in a risky manner nonetheless
Recklessness – A person consciously disregarded a substantial risk
Knowledge – A person is aware that conduct will cause an illegal or dangerous result
Purpose – A person acts with the intent that his action causes a particular result.
When do I need a lawyer for a criminal case?
A defendant almost always should hire a lawyer to handle a criminal case. When so much is at stake, the knowledge and experience accumulated by a professional can make a huge difference. They may be able to recognize problems with the prosecution’s case or available defenses that an ordinary person could not identify.
What is strict liability?
Strict liability means that a defendant can be punished for a crime regardless of their mental state. These crimes are usually relatively minor, such as traffic violations and minor alcohol-related crimes. However, statutory rape is a common example of a strict liability crime that can be charged as a felony and come with serious consequences.
Can I postpone a civil case while resolving my criminal case?
A criminal case usually takes priority over a civil case resulting from the same sequence of events. A defendant may try to delay the civil case until the criminal case is resolved so that the prosecution cannot use information from the civil case to support the charges. Deciding whether to pause or postpone the civil case remains within the authority of the judge in civil court. Often, a judge will grant this type of motion because resolving the criminal case can simplify the civil matter.
What do I do if my lawyer does not communicate with me?
Your lawyer has a duty to respond to your communications and keep you adequately informed about the status of your case.
