Criminal Defense

Criminal Defense Guides — All 50 States

Criminal defense covers the process from arrest through resolution, whether by plea, dismissal, or trial. Court structure, plea bargaining norms, and expungement or record-sealing eligibility all vary by state.

You have the right to an attorney from the moment of arrest — exercising it early frequently changes the outcome of a case.

How It Works

The criminal defense process, step by step

1

Invoke your right to counsel

Statements made before an attorney is present are frequently the most damaging evidence in a case — exercising this right immediately is rarely a mistake.

2

Attend arraignment

This is where formal charges are read and an initial plea is entered, typically not guilty, preserving all options.

3

Review discovery and evidence

The defense is entitled to see the prosecution's evidence, which shapes whether a plea, motion to suppress, or trial is the stronger path.

4

Evaluate plea versus trial

The large majority of criminal cases resolve through negotiated pleas rather than trial, but that decision should follow — not precede — a full case evaluation.

5

Pursue expungement or sealing if eligible

Many states allow certain records to be sealed or expunged after a waiting period, subject to the type of offense and outcome.

Advertisement
Pick Your State

State-specific criminal defense rules

Filing deadlines, court structures, and procedural rules that materially differ from state to state.

Northeast

South

Midwest

West

FAQ

Common questions

Should I talk to police without a lawyer present?

Constitutional protections against self-incrimination exist precisely because early statements, even innocent ones, are commonly used against defendants later in a case.

What's the difference between a misdemeanor and a felony?

Felonies generally carry the possibility of over a year in state prison and long-term consequences like loss of certain rights; misdemeanors are generally punishable by county jail time of a year or less and carry fewer collateral consequences.

Can a criminal record be expunged?

Eligibility depends heavily on the state, the offense, and the case outcome — many states allow expungement or sealing for lower-level offenses after a waiting period with no new arrests.

DO
Daniel Oyelaran, J.D.
Criminal & DUI Law Editor · J.D., former public defender's office research clerk

Daniel researched criminal procedure and DUI/DWI case law for a public defender's office before joining LawGuideUSA to lead coverage of criminal defense and impaired driving law across all 50 states.

Not legal advice. This page provides general legal information for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change frequently and vary by jurisdiction — always confirm current rules with a licensed attorney in your state before making legal decisions.