TWO BASIC ELEMENTS TO CONSIDER WHEN DETERMINING IF YOU NEED A CRIMINAL ATTORNEY
Criminal law is a very complex matter and the average person should not attempt to go it alone, without competent legal representation. Hopefully, you will never need to comprehend the magnitude of the foregoing statement. If however, the thought “I may need a criminal lawyer” ever comes to mind, then below are a few basic concepts that might help.
DISCLAIMER: This article IS NOT TO BE CONSTRUED AS LEGAL ADVICE in any manner whatsoever. It is intended only as a general explanation.
The two most basic elements of a crime are:
MENS REA – is Latin for “guilty mind,” to commit a crime you have to have a particular state of mind when you act.
ACTUS REA – is Latin for “criminal act”, the act that follows suit from a particular state of mind.
Let’s use an extreme example to make a point: If you commit a criminal act, like bank robbery, while sleepwalking… then you didn’t act with a guilty mind… and so you didn’t commit a crime.
You have to act with a guilty mind at the exact time of the criminal act. Imagine if you decided to murder someone with a gun or a knife, but on your way to doing so, you are distracted and you hit them with your car. Even though it is a bad act and you had a guilty mind, you didn’t have the guilty mind necessarily at the time of the bad act.
So back to the question at hand — “I May Need a Criminal Lawyer, Maybe, Maybe Not?”
Call Us Today at (701) 490-8055 and the answer to the question will come into proper focus.
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