Law Library Articles
Top 10 Criminal Procedure Articles in the LegalMatch Law Library
To avoid violating constitutional rights, everyone in the criminal justice system must follow a set of rules known as criminal procedure. For example, these rules specify when the police can perform a search of a person’s house and when criminal evidence can be presented in court.
As a starting point for understanding how the rules of criminal procedures protect your rights, here are the Top 10 Articles on Criminal Procedure Law from the LegalMatch Law Library.
1. How to Get a Court Appointed Attorney?
If you cannot afford a lawyer, you may qualify for a court-appointed attorney at no cost. This article explains who determines eligibility, and what to expect if you are assigned a public defender. It also outlines other considerations, like conflicts of interest and scenarios in which you might hire a private attorney even if you initially qualify for a public defender.
2. Filing a Pretrial Motion to Dismiss
Sometimes, a case lacks sufficient evidence or violates procedural rules so severely that it should not reach trial. Learn why you might file a motion to dismiss and how courts decide whether charges will be dropped before a jury ever hears them.
3. Pre-Trial Stages of a Criminal Case
After an arrest and arraignment, a criminal matter will progress through various pre-trial steps, including bail, plea bargaining, and discovery. This guide walks you through each of these critical junctures, emphasizing how each stage can impact the trajectory and possible resolution of your case.
4. Criminal Retrial
A mistrial, overturned conviction, or successful appeal can sometimes lead to a criminal retrial. But double jeopardy laws limit how and when defendants can be tried again. Explore the scenarios under which criminal retrials happen, what double jeopardy safeguards apply, and the differences between appeals and starting over with a new trial.
5. Release on Recognizance
Rather than posting bail, a defendant can sometimes be released on their own recognizance, which means they promise to appear at all future court dates. This article explains how judges determine whether someone qualifies, why flight risk matters, and what happens if a defendant violates the terms of an ROR release.
6. Subpoena to Testify
A subpoena compels a witness to appear in court or at a deposition under penalty of law. Discover what a subpoena to testify typically entails, the consequences of ignoring one, and any defenses that might allow a person to refuse compliance (e.g., invoking a valid privilege or proving the request is overly burdensome).
7. Admissibility of Polygraph Tests in Court
While lie-detector tests have been dramatized by popular culture, their accuracy and fairness are questionable. This article details how polygraph exam results are treated in different states, when courts might still allow them, and why refusing or requesting one can carry major strategic implications for your defense.
8. Criminal Trial Continuances
Either side in a criminal case may request extra time to gather evidence or prepare arguments, but courts only grant continuances for compelling reasons. Learn about common justifications, like newly discovered evidence, and what to do if it appears a postponement is being used solely to delay the inevitable resolution of your case.
9. Probable Cause Hearings
Before certain cases proceed to trial, a judge determines whether the government possesses enough evidence (probable cause) to support the charges. Explore the purpose of preliminary hearings, what the government must demonstrate, and how defendants can challenge the strength of a prosecution’s early evidence.
10. Criminal Complaint Lawyers
A criminal complaint formally initiates charges against a defendant, outlining the alleged facts and laws violated. This resource explains who can file one, required elements for validity, and what happens if a complaint contains errors that jeopardize the state’s ability to move forward with prosecution.
If you are facing or believe you might face criminal charges, speaking with an experienced criminal lawyer is a wise idea. An attorney can analyze your situation, protect your constitutional rights at every stage, and help secure the best possible outcome under the law.
