GRAY & DUNING

Whether a minor misdemeanor speeding ticket, a D.U.I., a simple misdemeanor, a felony charge, or a death penalty case, I can help you.

The anatomy of a criminal case includes both the substantive law and the procedural law related to vetting the charges.

A criminal charge has three parts: the mens rea, or culpable mental state; the actus reus, or the "evil act"; and the attendant circumstances. Thus, if you were charged with stealing from an elderly person, the gist of the charge is the you purposely intended to permanently deprive an elderly person of some thing.  The mens rea is that you had purpose.  It was your intention.  The actus reus is to permanently deprive. That is, you were going to make it yours at the expense of the other. And the attendant circumstance is that the alleged victim is elderly. 

The procedure that relates to a criminal case is different from civil matters, such as law suits, divorce case, will contests, etc. You've likely seen a Miranda warning on television: the law enforcement officer wearing the mirrored aviators says, "You have the right to remain silent.  Anything you say can and will be used against you in a court of law, . . ." Of course, there are more rights.  You should know these rights.