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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,...

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...

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...

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...

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...

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...

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...

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...

If your rights may have been violated, you can: Try to remember everything that happened Write everything down when you can, including names of officers, patrol car numbers, and the specific agency they work for Get medical help if you were injured during the process,...

Search and seizure is a legal term that pertains to a law enforcement officer’s examination of an individual’s home, vehicle, person, or business to find evidence of a crime. Due to the Fourth Amendment, you have the right to privacy, including prohibiting...