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Criminal Law 

If you have been arrested, you might be wondering what happens next. Most people know about arrest and trial, but a lot happens in between in this lengthy process. And though you’ve probably seen the criminal justice system on TV, or listened to a true crime podcast or two, exposure to the system through pop culture won’t necessarily help you understand everything that goes on in a criminal law proceeding.

Criminal law can be complicated, as there are state crimes and federal crimes, and the two systems don’t always work the same way. 

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What You Need to Know

• “Substantive criminal law” is the general term for the state and federal laws that make certain conduct illegal – it is meant to deter criminal offenses.

• Each state has its own criminal code that defines what conduct constitutes a crime and how the judicial system will punish that conduct.

• Illegal conduct can be charged as a felony, misdemeanor, or infraction – a felony charge results from serious misconduct and receives the most severe sentence.

• Each state determines the level at which illegal conduct will be charged.