Criminal Law

What this area covers

Criminal law concerns conduct that the State has defined as an offense and the proceedings through which guilt is determined. Our work in this area covers the defense of those accused of a crime and support for the private prosecution of an offense, always within the constitutional rights of the accused and the procedure laid down by the Rules of Criminal Procedure.

A person facing a criminal complaint, or one who has been wronged and is considering a complaint, is often unfamiliar with how the process unfolds. We explain the stage a matter has reached and the options available at that stage.

Matters we handle

• Criminal defense at trial and on appeal

• Support for the private prosecution of an offense

• Petitions for bail

• Representation during preliminary investigation

• Advice on the rights of a person under custodial investigation

How these matters typically proceed

Most cases begin with a complaint and a preliminary investigation — the inquiry, governed by Rule 112 of the Rules of Criminal Procedure, in which a prosecutor determines whether there is probable cause to file a case in court. If an information is filed, the accused is arraigned, the case proceeds to trial, and the court renders judgment.

Throughout, the accused is presumed innocent, and a conviction requires proof beyond reasonable doubt. The 1987 Constitution (Article III) guarantees the right to counsel, the right to be informed of the charge, and, in most cases, the right to bail. These safeguards shape every decision in a criminal matter.

Related areas

A criminal matter may run alongside a related civil claim for damages, and offenses involving government agencies can intersect with administrative proceedings.