There are two distinct categories of criminal law within the U.S. court system—procedural law and substantive law. Although very different, both types aim to ensure that an individual's rights are protected through due process. For more information regarding these differences, consider the brief guide below. 

What Is a Procedural Defense?

A procedural defense occurs when a defendant contends they're not liable for charges against them. When applied in criminal law, procedural defense incorporates potential misconduct within the procedure itself. It is completely separate from the question of guilt or innocence. Procedural defense, therefore, brings up the question of whether or not the rules of the court were followed appropriately in order to provide due process to a defendant.

Procedural laws include the admissibility of evidence, testimony of witnesses and their reliability, entrapment, and more. During a trial, a judge will apply procedural law when they either sustain or overrule various objections brought forth by either the defense or prosecuting attorneys. 

What Is a Substantive Defense?

Substantive defenses are defenses that are heavily based on the actual facts of the case itself. This has to do with the behavior of the defendant—the question of guilt or innocence. When an attorney makes a substantive defense, they are working toward proving that their client, the defendant, did not perform the acts within the crime they are charged with.

In order to prove the defendant guilty, a prosecutor will therefore need to show proof beyond a reasonable doubt that they carried out the acts of the crime. In criminal law, substantive defense is an essential part of proving innocence. Substantive law also dictates how an individual will be charged or punished if found guilty. However, a defense attorney may incorporate both procedural and substantive defense tactics in order to provide the best representation for their client.

If you or a loved one are facing anything from a traffic violation to a felony charge, make sure you have the representation you need by partnering with David S. Washington Jr. in Hamilton, OH. For over 20 years, this attorney has been practicing criminal law and works tirelessly to defend his client's rights. From the initial consultation to courtroom proceedings, he'll guide you through the legal process to obtain the best outcomes possible when facing criminal charges. The legal system can be unpredictable, but David and his team understand how to navigate the intricacies of criminal law. To learn more, visit his website, or call (513) 751-1400 to schedule a consultation today.