Criminal Law Process: An Overview
Criminal Law Process: An Overview
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How a Bail Reduction Hearing Works
Can’t make bail—stay in jail. Or so it sometimes seems. However, 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 bail reduction. This article discusses bail reduction hearings and related issues under federal law.
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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. If you missed court, the judge may have issued a bench warrant for your arrest.
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What Is the Difference Between Civil and Criminal Court?
There are several important differences between civil and criminal court. In general, civil courts are designed to resolve differences when private individuals or businesses can no longer reach an agreement on their own. Criminal courts are designed to determine whether a person has violated a criminal law, and if so, punish the offender.
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If you have been convicted of a crime before, and become a repeat offender, you will be subject to more harsh penalties and prison time that varies state to state. Of course, you cannot be convicted of the same crime twice because that would violate....
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What Is the Suspended Imposition of a Sentence?
If you are convicted at trial or plead guilty to a crime for which the judge can sentence you to jail or prison, the judge can suspend all or part of the sentence and place you on probation (supervised or unsupervised). A suspended sentence can be an excellent alternative to serving a lengthy jail or prison sentence.
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The overwhelming number of prosecutions for violations of federal, state, and local laws are brought by agents of the federal or state government—state prosecutors, district attorneys, and U.S. Attorneys. But suppose a prosecutor declines to file charges despite the urging of a complaining victim, then what?
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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
Malicious prosecution refers to a criminal or civil case that is filed without any basis and for an improper purpose, such as harassing the defendant, ruining another person’s reputation, or to knowingly place blame on someone other than the actual wrongdoer.
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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...
Suspect to Defendant: Facing Charges
MoreSuspect to Defendant: Facing Charges
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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 the police charge 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. A witness or victim can identify the wrong person, circumstances can lead police to think that an innocent suspect committed a crime, and an innocent person can even be formally charged with a crime he did not commit.
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Legal Problems for Immigrants with Criminal Convictions
If you've never been in criminal trouble before, your first contact with the court system can be confusing and frightening. Police officers may have threatened you with jail or prison. Some official...
After You Are Arrested: Booking, Bail, and O.R.
MoreAfter You Are Arrested: Booking, Bail, and O.R.
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Getting a Criminal Charge 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
Affirmative defenses differ from state to state, as well as the burden of proof for the defendant in proving an affirmative defense also differs.
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Preliminary Criminal Hearing: Process and Procedures
Shortly after arraignment, the court must conduct a proceeding—a preliminary hearing or a grand jury proceeding—where the state is required to present enough evidence to establish “probable cause” to believe that the defendant committed the crime.
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Three Strikes Law and Habitual Offenders
“Three Strikes and You’re Out” laws are intended to keep career criminals (“habitual offenders,” as they’re often known in the legal system) locked up for life.
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A typical arraignment consists of some or all of the following:
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Criminal Arraignment: What to Expect
The arraignment is often the first court appearance following an arrest or criminal citation. Here's what happens.
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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’s incarceration, while prisons house defendants sentenced to more than a years’ incarceration.
Expungement & Sealing Adult Criminal Records
MoreExpungement & Sealing Adult Criminal Records
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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 are a former juvenile offender, you may be able to clear your record by having your juvenile court record expunged—that is sealed or destroyed.
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If there's a mistake on my criminal record, how do I correct it?
If your criminal record contains inaccurate information, you can ask the state to correct it. Criminal records are usually kept on file in a central state database.
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Presidential Clemency: Pardons, Commutations, and Reprieves
The United States 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.