Criminal Law Process: An Overview
Criminal Law Process: An Overview
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How a Bail or Bond Reduction Hearing Works
There are constitutional and other limits on how much bail a court can impose on a defendant, which can support the defendant’s request for bond reduction.
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Indeterminate vs Determinate Prison Sentences Explained
A determinate sentence is a jail or prison sentence that has a defined length and can’t be changed by a parole board or other agency. By contrast, an indeterminate sentence is one that consists of a range of years.
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If you are charged with a crime or issued a traffic ticket, you may be ordered to appear in court. Skipping that court date could result in more serious consequences than even a conviction on the underlying charge.
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How to Handle an Outstanding Bench Warrant, Arrest Warrant, or a Missed Court Date
If you discover that a bench warrant or arrest warrant has been issued against you or that you have missed a court hearing that you were ordered to attend, the most important thing to do is take action immediately.
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What Is the Difference Between Civil and Criminal Court?
Civil courts resolve private differences between individuals, businesses, and the government. A criminal case involves the government accusing a person of committing an offense against society.
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Repeat Offenders and Recidivism
The U.S. has one of the highest recidivism rates in the world. Learn how recidivist laws work and statistics on the number of repeat offenders in the U.S.
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A suspended sentence gives a defendant a chance to serve their time in the community rather than behind bars. Many suspended sentences include probation.
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Criminal defendants have a Sixth Amendment right to a public trial by an impartial jury. An impartial jury must represent a fair cross-section of the community, which begins with a jury pool and then jury selection.
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Suing for Damages: Malicious Prosecution in a Criminal Case
A malicious criminal prosecution happens when someone files baseless criminal charges against a defendant for an improper purpose, such as harassing them or ruining their reputation. Defendants can potentially sue prosecutors and law enforcement in civil court for malicious prosecution and ask for financial
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Diversion, Mediation or Treatment Instead of Criminal Conviction
If you are charged with a crime for the first time, you may not be looking at prison, or even jail time. People who know they won't go to jail often think that a quick guilty plea is the best way...
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What Are Felonies, Misdemeanors, and Infractions?
Crimes are classified according to the seriousness of the offense, and penalties are set accordingly.
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Criminal Statutes of Limitations
Statutes of limitations establish time limits for charging defendants with crimes. When a prosecutor charges a defendant with a crime after the statute of limitations has expired, the defendant can have the charges dismissed.
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The last thing anyone wants to face is being wrongly accused of a crime but, unfortunately, it can happen. Learn what to do and what not to do if you've been falsely accused of a crime.
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Will an Immigrant Arrested for a Crime Be Deported?
Learn about the immigration consequences of different types of crimes for green card holders.
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Getting a Criminal Charge Dropped or Dismissed
Many cases are dismissed before a plea or trial. Learn about the common reasons why.
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Affirmative Defenses in Criminal Cases
Learn about common affirmative defenses and how they work, such as self-defense, duress, necessity, and entrapment.
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Preliminary Criminal Hearing: Process and Procedures
Learn the purpose behind preliminary hearings and how this mini-trial or preview offers several advantages to defendants.
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Three Strikes Laws and Habitual Offenders
“Three Strikes and You’re Out” laws are intended to keep career criminals or habitual offenders locked up for life.
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Learn what happens at an arraignment, how quickly you'll get before a judge, and what to expect at this first court appearance.
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What's the Difference Between an Arraignment and a Trial?
An arraignment is a court hearing in which defendants are told of the charges against them. At a trial before a jury or a judge, the prosecutor must prove that the defendant committed the crime.
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Community Service Work in Criminal Sentencing
A judge can order community service in addition to, or in lieu of, other sentencing options, such as incarceration, fines, probation, or restitution.
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Aggravating Factors in Criminal Sentences
The sentence you end up with might be higher than the average for that offense, depending on the presence of aggravating factors, such as the severity of the crime.
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What Are the Differences Between Jail and Prison?
For the most part, jails house pretrial detainees and those sentenced to less than a year, while prisons house defendants sentenced to more than a year.
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Expunging or Sealing an Adult Criminal Record
Even years after a criminal conviction, a criminal record can interfere with your ability to obtain employment, housing, and professional licenses. Is it possible to clear a criminal record after an arrest or conviction?
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Expunging or Sealing a Juvenile Court Record
If you're a former juvenile offender, you might be able to clear your juvenile court record by getting it expunged or sealed. Learn how juvenile record expungement works.
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Presidential Clemency: Pardons, Commutations, and Reprieves
The U.S. Constitution gives the President of the United States the power of executive clemency, which includes the ability to pardon a person convicted of a federal offense.
