FAQs

Do I need a lawyer's help if I am accused of a crime?

Consult a criminal defence lawyer as early as possible if you suspect you will be facing the criminal justice system is in your best interest. An attorney will fight for your legal and constitutional rights, and monitor the proceedings for legality and fairness.

What should I do if I am arrested?

In the event where police arrest you, you should immediately ask to speak with an attorney. Do not communicate to the police without your criminal defence attorney present; doing so could result in you incriminating yourself.

Do I need a criminal defence lawyer if I have been falsely accused?

Yes, because unfortunately many innocent people are often accused of crimes they didnt commit. If this happens with you or your loved one, then you need to consult the best lawyer possible who has experience in handling cases for individuals falsely accused of criminal offences.

How long does a decision take in a criminal proceeding in India?

Again the time for deciding a criminal case may also vary drastically, and generally it takes anywhere between 2 to 5 years for the initial decision of the originating court, depending on the number of accused in the matter and their bail grants, and in case of a conviction almost invariably there is bound to be an appeal to the higher court, which may take almost one-third as long.

Should I just plead guilty and get it over with?

No, you owe yourself the benefit of getting some legal advice with regards to the police investigation and then deciding with a lawyer as to the correct course of action. Even if, the review of the police investigation shows that there are no working defences which would warrant at trial, having a lawyer will at least assist you with regards to getting the best possible sentence

What is the difference between probation and parole?

Probation: It is a type of criminal sentence that allows a person to stay in the community rather than serve time in prison as long as he or she complies with certain conditions (like regularly reporting to a probation officer, refraining from alcohol and drugs, holding down a job, not associating with certain people and not committing further crimes).
Parole: It is the supervised release of a prisoner from incarceration into the community before the end of his or her sentence or after a period of imprisonment has been completed. Conditions of parole are often similar to those of probation.

What is white-collar crime?

White-collar crime, also called “paper crime,” generally refers to non-violent financial crimes. It generally involvs fraud or other dishonesty committed in business or commercial contexts. Examples include insider trading, embezzlement, securities fraud and tax evasion.

How are children and youth prosecuted?

A minor is typically prosecuted for criminal conduct in a separate juvenile court system. The philosophy of the juvenile justice system is that children should not be punished or stigmatized for criminal conduct because of their immature abilities to make proper choices and to recognize right from wrong. Instead, the role of the juvenile justice system is seen as rehabilitative rather than punitive.

What is Bailable Offence and what is Non-Bailable Offence?

Bailable Offences: Offences where the accused has the right to get himself released on bail after his arrest if he can give sureties or personal bond to the satisfaction of the police officer. For the list of bailable offences, please refer to the first schedule of Criminal Procedure Code.

Non-bailable offences: offences where the police do not have the power to release the arrested person on bail (except under certain special circumstances). The arrested person is to be produced before the judicial magistrate within 24 hours of the arrest. For the list of non-bailable offences, please refer to the first schedule of Criminal Procedure Code.

Whether a police officer can arrest a person without a warrant?

Yes, a police officer can arrest a person without a warrant if he has been involved in any cognizable offence.
Cognizable offence: An offence for which a police officer has the powers to arrest without a warrant is defined as a cognizable offence. Offences like murder, rape, kidnapping, theft, robbery, fraud etc. are classified as cognizable. To get a detailed list of cognizable offence kindly refer to the first schedule of Criminal Procedure Code.

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