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Posting Bail
After being arrested, you may be taken to jail. In this situation, the court may set a specific amount of bail money that you can pay to leave jail. In exchange, the defendant promises to appear in court. The bond money is forfeited if you don’t show up for court. And...
Probation
A judge may sentence someone to probation as an alternative to jail time. While the person gets to live in the community instead of being incarcerated, they do have to follow specific conditions, which may include: Meeting regularly with a probation officer...
What is a plea bargain?
A plea bargain occurs when the defendant and the prosecutor reach an agreement where the defendant pleads guilty to a lesser charge for a lesser sentence or so other charges are dropped. You can make a plea bargain at any point in the criminal case in most states,...
Incarceration
If found guilty, you may have to serve time in jail or prison (also called incarceration). Typically, individuals sentenced to less than a year of incarceration will serve their time in jail, while those with longer incarceration periods will serve their time in...
Sentencing
The judge will determine a sentence (or the legal consequence due to the conviction) when a defendant is found guilty or pleads guilty. If the crime is a misdemeanor, the sentencing may occur immediately after the conviction is made. Otherwise, the sentencing hearing...
How does a bench trial work?
A bench trial may occur if a defendant waives their right to a jury trial. In this situation, the judge takes on the jury’s role and determines whether the defendant is guilty or not guilty based on the information presented. However, all parties have to agree to a...
How does a jury trial work?
As a criminal defendant, you typically have the right to a jury trial unless your case is considered a petty crime by a judge. In a jury trial, a selection of citizens will be randomly selected to appear for jury duty. The goal of this selection is to have a variety...
What happens in a criminal law trial?
A criminal law trial is a specific process where the facts of your case are presented to a judge and jury or only to a judge in some cases. Unlike civil cases, the government (state or federal) brings forth the case, and they must prove their case beyond a reasonable...
Pretrial Motions
Both your defense attorney and the prosecutor can file pretrial motions after the arraignment — where you hear the charges against you. A pretrial motion is usually a written request filed with the court by either the defense attorney or the prosecutor. Pretrial...
What are your Interrogation Rights?
Understanding your interrogation rights is essential to ensure you avoid being coerced into a confession. During a police interrogation, you have the right to: Remain silent — you don’t have to answer any questions Representation by a criminal defense attorney — talk...
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