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 What happens if you're charged with a crime? Usually you'll be taken into custody when you're arrested. The police will photograph you and take your fingerprints. When the police begin to question you, they will read you your rights. Remember that you have two important rights: the right to remain silent, and the right to a lawyer. Police may not ask you any more questions if you claim either or both these basic rights. To be released from custody after your arrest, you must post bail. In some cases, you can do this by a signature bond (a written promise to appear in court). In other cases, you may be required to provide either a secured surety bond (you put up property, such as a car or house), or cash (which may be posted by you or someone else). If you're charged with a misdemeanor, you may not be imprisoned for more than a year. Any "time" you serve will be in the county jail or house of correction. A felony charge is much more serious, because it can mean a year or more in prison. In either case, it's very wise to consult an attorney. If you can't afford one, the judge will appoint an attorney for you. What are the steps in a criminal case? In either a misdemeanor or a felony case, you'll have an initial appearance. At this appearance, you'll be served with a criminal complaint that outlines the charge, the probable cause supporting the charge, and the penalty. In a misdemeanor case, you'll also enter a plea "not guilty to a misdemeanor, you'll be given a trial date. For a felony, the next step is the preliminary hearing. At this hearing the prosecution must present enough evidence to convince the judge that you should stand trial for a felony offense. If it's decided that your case will go to trial, you then attend an arraignment. At the arraignment, the district attorney will serve you with formal charges for a particular felony. At this time, you must enter a plea. In both misdemeanor and felony cases, you have the right to a jury trial. The jury verdict must be unanimous. How does plea bargaining work? In most cases, your attorney and the prosecutor will meet to discuss your case before it goes to trial. the prosecutor may offer to negotioate with your attorney. There are many possible types of "plea bargains." The prosecutor may offer a reduced charge. Or, if you're charged with several offenses, the offer may be to dismiss one or more charges or "read in" a charge (this means that you won't plead guilty to that charge, but the charge may be considered for sentencing). In return, you'll be expected to plead guilty or no contest to at least one offense. Sometimes the plea bargain will be a recommendation for a particular sentence. Or it may be an agreement that the prosecutor will make no sentence recommendation. In any event, the judge does not have to honor the plea bargain. if a plea bargain is not negotiated, your case will then proceed to trial. A jury of either six or twelve persons have to unanimously agree that you are guilty or not guilty of each crime alledge. The judge will usually pronounce sentence immediately in a misdemeanor case. In a felony case, the judge may order a presentence investigation and set a separate sentencing date. Disclaimer: This summary offers basic legal information only and does not offer legal advice. If you have legal problems, please seek legal advise; only an attorney can advise you on how the law applies to the specific facts of your situation and in your location. Top |
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