Criminal Law

Criminal law or penal law is the body of law that gives punishment to criminals for crimes they have committed against the state. The only aim of the criminal laws is to achieve criminal justice and to remove crimes by creating fear of punishments in the minds of criminals. The roots of criminal justice were laid down by British government; the present criminal law system descends from the British model. The judiciary system and the bar are independent things although efforts have been made by some politicians to undermine the autonomy of the judiciary. In the ordinary law jurisdictions, there is a legal fiction that crimes disturb the peace of the sovereign. The officials appointed by the government serve as the agents of the sovereign and are the only persons responsible for the prosecution of offenders.

The major objective of the criminal law is deterrence and punishment, while that of civil law is individual compensation. The two different elements of criminal offences are the physical act and the requisite mental state with which the act is done. The criminal is also about the defenses that defendants may bring to lesson or negotiate their responsibility and specifies the punishment. Under criminal law neither needs a victim, nor a victim’s consent, to prosecute an offender. A criminal trial can occur over the objections of the victim and the assent of the victim is not a guard in most crimes. The types of criminal laws in India are: arrests and searches, drug crimes, juvenile law, drunk driving, parole, pardons, violent crimes, white collar crimes and military law.

Criminal Law and Procedure: under the Indian constitution, criminal jurisdiction belongs concomitantly to the central government and the state governments. The prevailing law on the crime prevention and punishment is embedded in two principal statuses: the Code of Criminal Procedure of 1973 and the Indian Penal Code. These laws have the power to take precedence over any state legislation, and both the state and central government established criminal liability for acts such as smuggling, illegal use of arms and ammunition, and corruption. All legislation, however, remains subordinate to the constitution. A separate legislation enacted by both the central government and the state government has established criminal liabilities for various acts such as smuggling, illegal use of arms and ammunition, and corruption. All legislation however remains subordinate to the constitution

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A person who has been arrested can be held in jail until he is released on his own recognizance or after posting bail. Bail is cash or its equivalent that the court accepts in exchange for letting a defendant stay out of jail until the criminal case is concluded. There are three ways in which a person can post bail:

• Pay the entire amount in cash or a check
• Pledge real or personal property
• Use a bail bondsman

A Bail Bond is a contract, executed by a guarantor, which is a promise to pay the face amount of the bond equivalent to the sum set as bail, unless the defendant fulfills the conditions of the bond. So, if you know someone has been arrested, you need to take help of criminal defense lawyer Los Angeles. An experienced criminal defense lawyer Los Angeles knows about these variations and can get results quickly and efficiently.

There are many aspects of the bail process and a knowledgeable criminal defense lawyer knows what options are available depending on our client’s circumstances. A lawyer secures his client’s release without posting bail. Such a thing, in many cases, help in saving the client a lot of money. Also reputed and experienced criminal defense lawyers understand the bail process and know how to work with judges, prosecutors, court personnel, and bail bond companies, helping their clients get released from jail as quickly and cost effectively as possible.

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