Do I need a lawyer if I'm innocent?

Yes. Innocence doesn't protect you from the process — an attorney is what makes sure evidence, procedure, and your rights are handled correctly regardless of guilt or innocence.

What's the difference between a misdemeanor and a felony?

Generally the maximum possible sentence and where it's served — misdemeanors max out around a year in county jail, felonies can mean more than a year in state prison, and the difference carries into long-term consequences like voting and gun rights.

Should I talk to police without a lawyer?

Generally no — you have the right to remain silent and to have a lawyer present, and it's almost always safer to invoke both before answering substantive questions.

Can I get a free lawyer?

Yes, if you can't afford one and the charge carries potential jail time, the court will appoint a public defender.

What happens at an arraignment?

You're formally told the charges against you and enter an initial plea, often not guilty to preserve options while your lawyer reviews the case. Bail or release conditions are typically addressed at the same hearing.

Will a conviction show up on background checks?

Yes, generally, until and unless it's expunged or sealed under your state's rules, which vary by offense type and how much time has passed.

Criminal Law

Legal information last reviewed: July 3, 2026

A criminal case is the government, not a private person, prosecuting someone for an alleged violation of criminal law. It moves through a fairly standard sequence — arrest, charging, arraignment, pretrial proceedings, and either a plea or trial — though specifics vary by state and by whether it's a misdemeanor or felony.

Misdemeanors vs. felonies

Misdemeanors are less serious offenses generally punishable by up to a year in county jail. Felonies are more serious and can carry a year or more in state prison. The classification affects everything from bail to which court hears the case.

The process, step by step

Arrest or citation, booking, arraignment (formal reading of charges and initial plea), a bail or pretrial release decision, pretrial motions and discovery, plea negotiations, and trial if no plea deal is reached.

Your rights

The right to remain silent, the right to an attorney, including a public defender if you can't afford one, the right to a speedy and public trial, and the presumption of innocence until proven guilty beyond a reasonable doubt.

Plea bargains

The large majority of criminal cases resolve through a negotiated plea rather than trial, often to a reduced charge or reduced sentence in exchange for pleading guilty and avoiding trial.

Record and collateral consequences

Beyond the direct sentence, a conviction can affect employment, housing, immigration status, and professional licenses. Some states offer expungement or sealing after time passes, depending on the offense.

When to hire a lawyer

Hire or accept an appointed criminal defense lawyer immediately, before answering any substantive police questioning and certainly before any court date. This is the one area of law where representing yourself carries the highest and most permanent stakes.

Frequently asked questions

Do I need a lawyer if I'm innocent?: Yes. Innocence doesn't protect you from the process — an attorney is what makes sure evidence, procedure, and your rights are handled correctly regardless of guilt or innocence.
What's the difference between a misdemeanor and a felony?: Generally the maximum possible sentence and where it's served — misdemeanors max out around a year in county jail, felonies can mean more than a year in state prison, and the difference carries into long-term consequences like voting and gun rights.
Should I talk to police without a lawyer?: Generally no — you have the right to remain silent and to have a lawyer present, and it's almost always safer to invoke both before answering substantive questions.
Can I get a free lawyer?: Yes, if you can't afford one and the charge carries potential jail time, the court will appoint a public defender.
What happens at an arraignment?: You're formally told the charges against you and enter an initial plea, often not guilty to preserve options while your lawyer reviews the case. Bail or release conditions are typically addressed at the same hearing.
Will a conviction show up on background checks?: Yes, generally, until and unless it's expunged or sealed under your state's rules, which vary by offense type and how much time has passed.

Criminal Law laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

Related practice areas

DUI / DWI

Drunk-driving charges, license consequences, and what a DUI case involves.

This page is general information, not legal advice, and isn't a substitute for talking to a licensed attorney about your specific situation. Read our full disclaimer.