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WHAT IS A CRIMINAL CASE?
WHAT HAPPENS IF YOU ARE ARRESTED?
HOW ARE CRIMES CLASSIFIED?
WHAT ARE THE FOUR TYPES OF BOND?
WHAT IS THE DIFFERENCE BETWEEN PROBATION AND PAROLE?
WHO IS ENTITLED TO A COURT APPOINTED ATTORNEY?
HOW DO I OBTAIN A PERSONAL PROTECTION ORDER?
HOW ARE JUVENILE DELINQUENCY CASES PROCESSED?
WHAT IS MY ROLE AS A JUROR?
What is a criminal case?
A criminal case is started when someone is accused of committing one or more crimes.
The government, which is represented by the prosecuting attorney, starts a criminal
case by filing a complaint against the individual, who is called the defendant. If
the court finds the defendant guilty of a criminal offense, the defendant may have to pay
a fine, court costs, and/or spend time in jail or prison.
There are two levels of criminal cases, misdemeanors and felonies. Both are
initially filed with the district court, but, in some cases, may be transferred to the
circuit court for trial.
Misdemeanor cases such as, vandalism, shoplifting, trespassing, prostitution, and a first
or second drunk driving offense are usually handled by the district court closest to where
the crime occurred. If convicted of a misdemeanor, you may be sentenced to spend up
to one year in jail.
If you are accused of committing a felony crime, a preliminary examination will be
conducted by the district court in the county
where the crime took place. If the district court judge determines there is enough
evidence, the case will be transferred to the circuit court for trial. Murder, arson,
rape, robbery, drug offenses, and burglary are examples of felony crimes. If you are
convicted of a felony, you could be sentenced to spend from one year to life in prison and
pay a fine of more than $500.
A criminal defendant has the right to an attorney. In some criminal cases, the court
may appoint an attorney to represent the defendant.
What happens if you are arrested?
A person, called a defendant, who is arrested for breaking a criminal law, is held by the
police or sheriff until a bond is set or an
arraignment takes place. An arraignment usually occurs within 24 hours of the arrest
and is the initial step of the court process. The arraignment is held before a district
court judge or magistrate. During the arraignment the defendant is formally charged
with an offense, told his or her constitutional rights, and of the possible penalties.
The defendant will enter a plea of guilty or not guilty, bond will be set, and a
date for the next hearing will be scheduled.
The court may appoint an attorney to represent the defendant if the defendant is unable to
afford an attorney. Defendants should ask the court if they qualify for court
appointed counsel.
The arresting police department will know where and when the arraignment will take place.
How are crimes classified?
Crimes are classified as misdemeanors or felonies. Misdemeanors are punishable by no
more than one year in jail and
are heard primarily by the district court nearest to where the crime took place.
Vandalism, shop lifting, trespassing, prostitution, and drunk driving, if it is a first or
second offense, are all examples of misdemeanor crimes.
Felony crimes are first heard in the district court where the crime occurred. The
district court will conduct a hearing called a preliminary examination. If the district
judge determines there is enough evidence, the case will be transferred to circuit court
for trial. If you are convicted of a felony you could be sentenced from one year to
life in prison and/ or pay a fine of more than $500. Homicide, arson, rape, robbery
and burglary are examples of felony crimes.
What are the four types of bonds?
A person, called a defendant, who is arrested for breaking a criminal law, may be held
until bond is set or an arraignment is held by a judge or magistrate. This usually
occurs within 24 hours of the arrest. A bond is a promise that the defendant will
appear in court when required.
The four types of bonds are: a personal recognizance bond, a cash bond, a ten-percent bond
and a surety bond. When the court sets a personal recognizance bond, the defendant
is released after making a promise to return to court when required. A cash bond is
a money guarantee that the defendant will return to court when required. When a cash
bond is set, the defendant must pay the full bond amount to the court before being
released from jail. Another type of bond is a ten-percent bond. In this bond,
the court will accept payment of ten percent of the total bond as a guarantee that the
defendant will appear as required. If the defendant does not appear, the court may
require payment of the remaining ninety percent. The last type of bond is a surety
bond. A surety bond is a promise made by someone other than the defendant that the
defendant will appear as required. If you make a promise on behalf of the defendant,
you must prove to the court that you will pay the bond amount if the defendant does not
appear as required. Surety bonds may be posted by friends, relatives or a bond
insurance company. Money or property that is posted for a bond may not be returned
when the case is over. The court may apply cash and ten percent bond monies posted
by the defendant to any outstanding court fines or fees.
Regardless of the type of bond, if the defendant does not return to court as promised, the
court may issue an arrest warrant and the bond money will be kept by the court. In
addition, the defendant may be held responsible for paying the remaining unpaid bond
amount.
What is the difference between probation
and parole?
If you are over the age of 17 and have been convicted of an offense, your sentence may
include probation. Probation allows you to live in the community as long as you follow
certain rules set by the court. If any of the rules are violated, a warrant for your
arrest may be issued and the judge may re-sentence you for the original offense. As
an example of a probationary sentence, the judge may decide that so long as you are not
arrested again, and regularly meet with your probation officer, you may not have to serve
a more severe jail or prison sentence.
Parole is a conditional release from prison. You may be released from prison before
the original term has been completed and serve the remainder of your term in the
community. The court will set conditions which you must follow, or you may be
returned to prison.
Who is entitled to a court appointed attorney?
If you are involved in a court action other than a small claims case, you have the right
to an attorney. In some court actions, the court may appoint a lawyer to represent
an individual at no cost.
In criminal cases, a defendant who is unable to afford an attorney has the right to court
appointed counsel if:
1) the offense charged is punishable by more than 92 days in jail; or
2) the offense charged requires on conviction a minimum term in jail; or
3) the court determines that it might sentence the defendant to jail.
The court will appoint a lawyer in all cases involving a mentally ill or developmentally
disabled person.
In all guardianship and conservatorship cases, the court will appoint a guardian ad litem.
A guardian ad litem, is a person appointed to protect the interests of an infant,
an incompetent adult, or a missing person who is involved in a court case. The court
will appoint a guardian ad litem in cases of juvenile abuse or neglect. The guardian
ad litem may be an attorney.
You may want to ask the court if you qualify for a court appointed attorney, or a guardian
ad litem.
How do I obtain a personal protection order?
A personal protection order, sometimes called a PPO, is an order
issued by the court which protects you from harassment, assault, beating, molesting,
wounding, or stalking by another person.
You do not need an attorney to get a personal protection order. Forms are available
at your county clerk's office or the circuit court and come with do-it-yourself
instructions.
To file for a PPO you will need to provide the court with details about why you are
requesting a protection order. If you have copies of police reports, hospital
records or other official information you should provide this information for the court to
review. You will also need to have information about the defendant including address
and physical description. If you are divorced or separated you will need a copy of
your orders. You will also need copies of custody orders if your children are
involved. If you are in immediate danger you should ask the court for an ex parte order.
You may want to also bring notarized, written statements from witnesses, and copies of
supporting documents from law
enforcement, social agencies, doctors, or hospitals. You may need to pay a motion
fee.
How are juvenile delinquency cases processed?
If you are under the age of 17 and have been accused of doing something that would be a
crime if done by an adult, you may be brought before the family division of the circuit
court.
The juvenile will be notified to appear in the family division for an intake interview or
a preliminary hearing. At the interview or
preliminary hearing, the juvenile may admit or deny guilt, bond will be set, and the next
hearing date scheduled. The juvenile's parents or legal guardian must be present
during all proceedings, or an attorney must be appointed for the minor.
In serious cases involving juveniles who are over the age of 15, the prosecuting attorney
may ask the family division judge to transfer the case to district court where the
delinquent will be prosecuted as an adult.
A juvenile delinquent has the right to an attorney. The court may appoint an attorney to
represent the juvenile if the juvenile's family cannot afford an attorney. In
addition, the court may require the juvenile's parents to reimburse the court for attorney
fees or other costs.
Juveniles who are held in custody are usually placed in a separate juvenile detention
center. If the juvenile is held in an adult jail, he or she must be kept separate
from adult prisoners. Juveniles have the right to a jury trial.