The sooner you hire a criminal defense lawyer after an arrest, the better your lawyer's opportunity to build a strong, credible and skillful defense on your behalf.

Whether you have been charged with a misdemeanor or a serious felony, it is critically important that your defense attorney get to work as soon as possible. Your lawyer will want to conduct an independent investigation into the circumstances surrounding the crime, as well as review police reports and other written evidence and interview potential witnesses.

The Law Offices of Mark L. Smith provide on this page additional general information about criminal law. If you have specific questions because you or someone you know has been arrested, we invite you to contact our law offices for an appointment.

The criminal defense practice at The Law Offices of Mark L. Smith is led by attorney Mark L. Smith. Mr. Smith has defended Rhode Islanders against both felony and misdemeanor criminal charges since 1978. Mr. Smith has tried close to 60 murder cases and more than 80 drug charge cases to a jury. Put our experience and professionalism to work on your behalf. Contact our offices today.

Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.

Criminal Liability

Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. First, a person must have the intent to take the criminal action. Traditionally this culpable state of mind was called mens rea, Latin for guilty mind.

The second requirement for criminal liability is actus reus, Latin for guilty act. The prohibited physical event must take place in combination with the requisite criminal intention for the actual commission of a crime to take place.

In other words, it is not a crime to only think about committing a crime nor is it generally a crime to cause a criminal deed without the intention to do so.

Due Process

As the concept of criminal liability suggests, our criminal-justice system is complex, both conceptually and procedurally. To ensure the fairness of the proceedings, each court system has its own rules of criminal procedure that govern the actions of all players - police, defense lawyers, prosecutors, judges and juries.

The US Constitution requires that criminal defendants be accorded due process of law in all proceedings against them. Broadly this means that throughout the criminal process the rules of criminal procedure must be observed with all constitutional protections in place. Due process requires such things as reasonable notice of proceedings and fair hearings when facing substantial negative consequences, such as incarceration.

Plea Bargaining

Sometimes a criminal defendant and the prosecution can negotiate an agreement that resolves the criminal matter. Usually, the prosecutor agrees to reduce a charge, drop some of multiple charges or recommend a more lenient sentence in exchange for the defendant's guilty plea, often to a lesser offense or to fewer than all offenses charged. A seasoned criminal-defense attorney can be a real advantage to a criminal defendant throughout the plea-bargaining process.

Sentencing

Many negative outcomes flow from a criminal conviction. First, the court will impose a sentence, which commonly may include incarceration, fines, court costs, restitution, probation or, in some jurisdictions, death. Second, a criminal conviction may result in more indirect effects like stigma or estrangement from family, friends or professional colleagues. A person with a criminal record may have trouble with employment, insurance, credit or housing. He or she may lose or become ineligible for professional licenses, welfare benefits or firearms. Because of the potentially devastating consequences of a conviction, it is in the best interest of a defendant to have a strong, experienced attorney at his or her side to fight to preserve legal and constitutional rights every step of the way.

Conclusion

To better protect yourself throughout your involvement with the criminal-justice system, consult with an informed, knowledgeable criminal-defense attorney. Your lawyer can work hard on your behalf to see that protections afforded criminal defendants are preserved for you.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Although some criminal defendants think that they can beat the system on their own, having an experienced criminal-defense attorney on your side gives you a better chance of preserving your legal rights.

If you want to reduce the chances that you will go to jail, a skilled and knowledgeable criminal-defense attorney is an important ally when you are accused of a crime.

If you have been charged with a misdemeanor or felony, do not delay in seeking the help of an experienced criminal-defense lawyer to fight for your side of the story.

Don't miss out on spending precious years with your loved ones. To give yourself a better chance of avoiding or minimizing a prison sentence, contact an experienced criminal-defense attorney as soon as you are questioned about or accused of a crime.

The Law Offices of Mark L. Smith provide criminal defense services to Rhode Islanders throughout the state, especially in the communities of Providence, Warwick, Cranston, Newport, North Smithfield, Providence County, Kent County, Washington County, Newport County and Bristol County.

Criminal-Defense Resource Links

Equal Justice, USA
"Capital Defense Handbook For Defendants and Their Families" provides information and advice about death-penalty cases from the defense point of view.

ACLU: Prisoners' Rights
Resource provided by the American Civil Liberties Union with information on national and state efforts to recognize and protect prisoner's rights.

Justice Denied
"Justice Denied" is a magazine devoted to helping people who have been wrongly convicted of crime in the US and internationally.

The Sentencing Project
A national leader in the development of alternative sentencing programs and in research and advocacy about criminal-justice policy.

Prison Policy Initiative
The Prison Policy Initiative conducts research and advocacy about incarceration and criminal-justice policy.