Question 1. What Happens If You Are Charged With A Crime?
Usually you may be taken into custody whilst you’re arrested. The police will photograph you and take your fingerprints. When the police start to question you, they will study you your rights.
Remember that you have vital rights: the right to stay silent, and the proper to a legal professional. Police won't ask you any more questions if you declare either or both these simple rights. You can declare those rights at the start of the wondering or at any time for the duration of the wondering.
To be released from custody after your arrest, you need to put up bail. In a few instances, you may do that by using a signature bond (a written promise to seem in court docket). In different instances, you'll be required to provide both a secured surety bond (you placed up property, together with a automobile or residence), or coins (which may be posted by way of you or someone else).
If you’re charged with a misdemeanor, you could now not be imprisoned for more than a yr. Any “time” you serve can be inside the county jail or residence of correction. A prison charge is a lot extra severe, due to the fact it is able to mean a year or extra in prison. In both case, it is very clever to seek advice from an legal professional. If you can't manage to pay for one, the decide will appoint an lawyer for you.
Question 2. What Are The Steps In A Criminal Case?
In either a misdemeanor or a legal case, you may have an preliminary appearance. At this appearance, you’ll be served with a criminal criticism that outlines the rate, the probably reason assisting the charge, and the penalty. In a misdemeanor case, you'll also enter a plea “now not responsible” and you may be given a tribulation date.
For a prison, the subsequent step is the initial hearing. At this hearing, the prosecution need to gift sufficient proof to convince the choose that you should stand trial for a criminal offense. If it’s decided that your case will go to trial, then you definitely attend an arraignment. At the arraignment, the district lawyer will serve you with formal prices for a specific prison. At this time, you ought to input a plea.
In both misdemeanor and legal cases, you have got the proper to a jury trial. The jury verdict ought to be unanimous.
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Question 3. What Is The Difference Between A Felony And A Misdemeanor?
Felony and misdemeanor are criminal terms describing the seriousness of a criminal offense.
A legal is a very severe crime. Felonies generally carry lengthy prison sentences of a year or more. Examples of a legal are tried homicide and cocaine trafficking.
A misdemeanor is a much less critical crime. Misdemeanors bring shorter prison sentences. Examples of misdemeanor crimes include simple possession of marijuana, simple assault and battery, and tampering with an electric meter.
South Carolina law classifies crimes as felonies and others as misdemeanors. Title 16 of the South Carolina Code carries a listing of felonies and misdemeanors.
Question 4. What Is A Bench Warrant?
A Bench Warrant is an arrest warrant issued from “the bench”, in other phrases from a choose. It is usually issued by way of a Justice of the Peace or circuit court judge for failing to seem in courtroom. It can be extremely tough to get a loved one out of prison if they're incarcerated on a bench warrant. The government sometimes will try to forget about your case in case you are incarcerated on a bench warrant due to the fact they recognise it's miles difficult to obtain your launch. You want a professional and informed legal professional to make sure the one that you love spends as little time as feasible at the same time as incarcerated on a bench warrant. It is all too clean to spend a ways an excessive amount of time in jail anticipating a court docket look in this situation. You need an competitive and devoted lawyer to make sure you or the one that you love does no longer fall through the cracks and spend wasted time awaiting the government to deal with your case. Our attorneys recognise the way to file the right motions to transport your case forward and to get your case resolved. Contact our regulation firm today for a session.
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Question five. What Is A Bond Hearing?
Our lawyers regularly represent people at bond hearings or preliminary hearings. A bond hearing is whilst a magistrate or circuit court docket decide sets an sum of money that the character must put up so as to be launched from jail pending trial. It is crucial to have an lawyer early as a way to obtain a good bond listening to and combat for an inexpensive bond so that you or the one that you love will now not should live in prison expecting trial. If you or a cherished one is arrested, call our office as quickly as feasible to have illustration at your bail listening to.
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Question 6. What Is A Personal Recognizance Bond?
When released on a private recognizance bond, a defendant offers the court docket his word that he'll display up to future court dates. The defendant additionally recognizes a debt to the court same to the full quantity of the bond. If the defendant breaks the situations of his bond, he owes the debt to the Court, and the decide may also revoke his bond and return him to jail.
In regular instances, courts release defendants on non-public recognizance bonds earlier than trial. However, if the bonding court docket determines that the defendant might skip court appearances or cause unreasonable danger to the network, it will now not launch the defendant on a private recognizance bond. Judges have a preference in making this willpower.
Question 7. What Is A Surety Bond?
A surety is someone who ensures the court docket that a defendant will appear at Court and obey bond situations. Bail bondsmen are the maximum common sureties. Bail bondsmen are certified through the kingdom and feature standing strains of credit score with the courts. They rate expenses for their offerings, typically requiring an initial payment totaling 10-15% of the overall bond quantity.
Family contributors or different people additionally act as sureties. An individual can cozy the discharge of a defendant by using depositing the entire quantity of the bond with the court docket or by way of pledging assets to the Court as collateral.
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Question eight. When Should I Call A Lawyer?
As soon as you turn out to be conscious that the police (or some different investigating corporation) are seeking out or investigating you, or if you agree with that you may have devoted a criminal offense. A attorney can intervene with the police and either prevent an arrest or, if you are going to be arrested, arrange to your surrender at a time and in a way that minimizes embarrassment to you or your circle of relatives. Hiring a legal professional may defend you from being questioned by using the police.
First, be well mannered and cooperative. Arguing, struggling or combating will never make the state of affairs higher. Rarely, if ever, will someone be able to persuade an officer to prevent an arrest. Finally, call a attorney as quickly as feasible.
Question 9. What Is A Civil Violation?
A charge that is introduced with the aid of the District Attorney, however is civil in nature and no longer criminal. It is punishable most effective by way of a high-quality or other sanctions (which includes license suspension in a few cases). An instance of a civil violation is Possession of a Usable Amount of Marijuana.
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Question 10. What Is A Felony?
A criminal is a criminal offense which carries with it a capacity sentence of as a minimum three hundred and sixty five days and at some point in jail.
Question 11. What Is Bail?
Bail is money or other property that is deposited with the courtroom to make sure that the man or woman accused will return to court docket whilst he or she is required to do so. If the defendant returns to court as required, the bail can be back on the end of the case, even supposing the defendant is in the end convicted. However, if the defendant does not come to court docket when required or violates his or her bail conditions, the bail will be forfeited to the court and will no longer be again. Maine does no longer make use of the bail bond machine; bail is ready in a coins amount. The defendant can also publish property as a surety in an amount set by using the Bail Commissioner or Judge. The belongings must have a cost (in spite of everything mortgages and liens were deducted from the value of the belongings) that meets or exceeds the quantity set in the defendant’s case.
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