More detail can be found in the NAMI publication, A Guide to Mental Illness and the Criminal Justice System . This may be ordered online through the NAMI Store , or call the NAMI HelpLine to request a current Resource Catalog. In criminal law, the outcome of a case depends as much on the facts of the case and the procedures followed in developing that case as it does on the actual substantive law. Individuals involved in criminal cases will be most affected by the procedural steps governing these cases from the time of arrest to the end of the case. It is, therefore, essential to have a good criminal lawyer to direct you through any encounter with the criminal justice system.
Criminal violations come in two varieties, misdemeanors and felonies.
There is no universal rule among the states to determine what constitutes a misdemeanor and what constitutes a felony. Generally, crimes that are punishable by incarceration of one year or less are misdemeanors, and crimes punishable by incarceration of more than one year are felonies. Beyond the maximum period of incarceration, whether a crime is a felony or a misdemeanor is significant because it will have a bearing on criminal procedures and constitutional rights. An arrest occurs when the police take a person into custody in order to charge that person with a crime. To make a lawful arrest, a police officer must believe that the person to be arrested committed a crime.