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Criminal Law

Charges, defenses, procedure, sentencing.

Frequently asked questions

Plain-English answers to the most common criminal law questions. For a cited answer tailored to your state, open it in the research workspace.

What are my rights if I'm arrested?

You have the right to remain silent, the right to an attorney (and to have one appointed if you can't afford it), and protection against unreasonable searches. It's usually wise to clearly state you're invoking those rights and to avoid answering questions until a lawyer is present.

Do I have to talk to the police?

Beyond identifying yourself where required, you generally do not have to answer questions and can say you wish to remain silent and want a lawyer. Anything you say can be used against you, so declining to answer until counsel is present is often the safest choice.

What is the difference between a misdemeanor and a felony?

Misdemeanors are less serious crimes usually punishable by up to about a year in county jail and/or fines, while felonies are more serious and can carry more than a year in state prison. Classification and penalties vary by state and offense.

What is a plea bargain?

A plea bargain is an agreement where the defendant pleads guilty (often to a reduced charge) in exchange for a lighter sentence or dismissal of other charges. Most criminal cases resolve this way, but you should understand the consequences — including on your record — before accepting.

Can I get a criminal record expunged?

Many states let you expunge or seal certain records, especially for dismissed cases, arrests without conviction, or some lower-level offenses after a waiting period. Eligibility is highly state-specific, so the rules for your state and offense determine what's possible.

More popular questions

Tap any question to get a cited, QC-verified answer in the research workspace.

Educational information, not legal advice. All About Laws provides general legal information for educational purposes only and does not create an attorney-client relationship. Laws change and vary by jurisdiction. Have a licensed attorney review your specific situation before acting.