Three Main Categories Of Criminal Offenses

All Criminal offenses are grouped into three main categories infractions, misdemeanor, and felony. Infractions, sometimes called violations, are petty offenses that are on average punishable by fines, but not jail time. The Sixth Amendment of the Constitution of the United States says criminal defendants are entitled to a right to a trial by jury. But in 1996 the U.S. Supreme court affirmed this provision is only granted to people with serious offensives. The constitution only requires defendants by tried in front of a judge so no legal representation is required. Because infractions cannot result in a jail sentence or even probation, defendants charged with infractions do not have a right to a jury trial. A defendant who has been charged
Traffic offenses are the most common form of infraction. Misdemeanor offenses are the most common offenses committed. Misdemeanorers are less serious than a felony but more serious than an infraction. Misdemeanor offenses carry a maximum punishment of twelve month jail time or probation and a $1000 fine. Some misdemeanor offenses include simple assault, trespassing, petty theft, vandalism, reckless driving, prostitution, and drug possession. Being charged with a misdemeanor does not take away your right to bear arms but it does take away other rights. Persons convicted of a misdemeanor offense will not have the ability to acquire specific job, acquire bonding, and acquire government aid such as student loans or public assistance. Felony offenses are the most serious of all other offenses. A misdemeanor defendant can have a jury trial but they will have to pay fees for that service. Also, various misdemeanors have preset penalties, such as a traffic infraction in which a standard monetary fine needs to be paid; a misdemeanor defendant will also benefit from shortened trials. A felony is the most serious of all of the groups of criminal offenses. A felony offenses calls for a jail time ranging from more than one year to a death
This can be seen most prominently in look upon to the quality of defense counsel. While many public defenders and appointed counsel provide expert legal consuling, in far too many court systems the defense bar is describe as having high caseloads, poor training, and being inadequate resources. In an evaluation of this situation, the American Bar Association concluded that “too often the lawyers who provide defense services are inexperienced, fail to maintain adequate client contact, and furnish services that are simply not competent.” According to the American Barr Assoation , At the sentencing stage, low-income alchol or drug abusers are also underprivileged compared to defendants with wealth. Given the wide-ranging shortage of treatment programs, a defendant who has personal insurance to cover the cost of treatment is in a much better position to make an argument for a nonincarcerative sentence than one who depends on publicly funded treatment programs. Federal and state policy programs can assist in “leveling the playing field” by encouraging equivalent access to justice. Such assess should include adequate support for indigent defense programs and provide a wider range and accessibility of community-based sentencing