Misdemeanor Charges

The United State Constitution and state constitutions, as well as criminal rules of procedure for state courts, provide that Bert can be held for only a limited time on the basis of an arrest and criminal complaint. In order for the court to continue holding a Bert in custody, the court must conduct the preliminary hearing within the amount of time prescribed by state law and issue a formal charging instrument, sometimes referred to as"criminal information." If the preliminary hearing is not conducted within the time prescribed Bert must be released. Then if Bert has been released on bail or "own recognizance" ("OR"), the court can conduct the preliminary hearing at a later time. However, the preliminary hearing must occur within a reasonable time after arrest. An unreasonable delay violates Bert's federal constitutional sixth amendment right to a speedy trial. If Bert is arrested or charged in a criminal complaint and the prosecutor's office or the court does not schedule the preliminary hearing until months or years later, the case can be dismissed because of the delay. The judge must review the circumstances of the delay and determine whether the delay was unreasonable and, therefore, violated Bert's constitutional right to speedy trial. Bert's preliminary hearing is somewhat like a mini trial. The prosecution

The next step in the system is initial appearance. Here they are given formal notice of the charges against them and advised of their rights.(Bohm & Haley, 2008, p. 13) The movie included this in their depiction of the criminal justice system. In the movie they called it the arraignment. The arraignment is where the defendant either pleads guilty or not guilty. During this stage the bail is also set which was also done in the movie. In the movie the set the preliminary hearing for the next morning in which the witnesses testified to what they saw and heard. This allows the judge to decide if there is probable cause to make and indictment. Based upon the information we have learned it seems that the arraignment should have happened after the preliminary hearing and that the

Is where a magistrate will hear the prosecution’s evidence and decide if it sufficient enough to send the accused to the District or Supreme Court for trial.

seeks to ensure that the defendant will appear at the appointed time to face charges.

In this essay, I will be in support of felons having their voting rights restored after serving their prison sentences and completing all terms and conditions of probation or parole successfully. My reasons for supporting the restoration of felons’ voting rights are because voting is a “right” under the Constitution of the United States. After a person serves their prison sentence; some ex-felons have the ability to be and remain rehabilitated and live productive lives. Also, the laws are changing making it easier to be charged as a felon. Most of the people that are against felons voting claim that they make bad judgments because they do not abide

North Carolina is the only state that prosecute 16 and 17 year olds that is charged with criminal offenses in the criminal justice system. These criminal records can have severe collateral consequences especially for minorities. While having a grave fiscal impact on individuals, families and communities. Due to this, Durham County introduced a Misdemeanor Diversion program (MDP) which is a 90 day program that tries to avoid a first arrest for low-risk youth in Durham- County. The purpose of this program is to keep the youth out of the adult criminal system.

Mullen in department 3 at 720 9th street Sacramento, CA. I arrived at 8 and left at 10. I observed the judge read the different type of hearing arraignments offered to the defendants. There are several different types of hearing like arraignment hearing, pretrial hearing, preliminary hearings, jury trail, court trail, sentence hearings and post sentence or probation violation hearings. During an arraignment hearing the defendant first appears in court, advised of their constitutional rights, appointed by an attorney if they are unable to afford one. The defendants are advised of the nature of the charges bring bought against them. The judge gives the defendant three pleas to enter, guilty, not guilty, or no contest plea. Some of the defendants were released on their own recognizance and the judge set bail for some of the defendants. The cases I witnessed the judge set bail was for felony crimes and defendants who had prior convictions. The defendants who were charged with a misdemeanor and plead not guilty to the charges had to be brought to trail within thirty days of being arraigned if they were in custody for forty five days, bail or their own recognizance. If the defendants were charged with a felony and plead not guilty to the charges their preliminary hearing must be held within ten days of being arraigned. Preliminary hearings determination is made if there is sufficient evidence the

The First Appearance- this is the step where someone is brought before the judge and the defendant is informed of the charges that against him or her, rights advisement, right to have a lawyer or if they can’t afford one , then they have one chosen to represent them, and if possible have the right for bail. This pretrial activity takes place in a magistrate court. Probable cause determination is when a judicial officer will look and check police documents and make sure they obtained reasonable evidence that can be supported in the cause of the arrest. If probable cause is not presented in the court then the defendant is released. Probable cause determination is a key part in the first appearance.

This intent of this article is to examine the negative socioeconomic and political effects on African American men after they have a felony criminal record. I will also examine the level of equality that exists between White men and Black men in respect to their socioeconomic and political standing after they have a felony criminal record. Many sociologists, criminologists and social commentators (Pettit and Western 2004; Muller and Schrage 2014; Smith and Hattery 2010; Pager 2003; Pager 2011) have written about the effects of the Prison Industrial complex on

On December, 2009 and November, 2010 in my second year of college, I was arrested twice. At the time I was assigned a public defender; we reached an agreement with the prosecutor. I agreed to plead guilty to petty larceny, as part of the agreement I also had to do community service for a total of 15 days for both charges. After successfully completing all community service and stayed out of trouble; both misdemeanor charges were dismissed and expunged. During this time mentally distress and depress. As a result, my fall 2010 grades suffered. As illustrated in my transcript, up until this incident, my gpa had been 3.50 up until the fall 2012 semester.

Sometimes, arguments between people in Greeley, and throughout Colorado, may become physical. Depending on the circumstances, those involved in physical confrontations with others may be charged with assault. A serious criminal offense, being convicted of this crime could carry severe penalties with lasting implications.

In the final layer of the cake lies misdemeanor cases. These are the least-serious types of crimes in the criminal justice system. They consist of public drunkenness, minor theft, disturbing the peace, and so on. They also include petty or minor theft and disturbing the peace. Misdemeanors are the largest category of cases in the criminal justice system. They are also the most common. Many misdemeanor cases are resolved with plea

Have you ever been to jail before?Have you ever committed a crime?Have you ever learn from your mistakes?Well I'm going to tell you a little story about this girl going to jail for robbing a bank,and how she learned that she shouldn't do it again.And I'm also going to tell you how you can learn from your mistakes.

A NYPD officer was recently recorded telling a traffic violator it was Mayor de Blasio's fault the violator was getting a traffic violation summons. However, the fact of the matter remains--who committed the violation, you, or the Mayor?

Kids in certain areas don’t have access to quality education that other children may have. Only 65% attend school & 50% have had to repeat grade levels! Poor education leads to poor jobs, poor jobs lead to bad decisions like selling drugs or joining gangs, selling drugs or joining gangs lead to a lot people going to jail, and people going to jail leads to a high crime rate! It’s a repeating cycle. So if the government spent more money on getting people proper education there would be better jobs. This could also fix the underemployment because if people are uneducated there are much more service jobs than jobs that actually take education so some very intelligent people have no choice but to work service jobs so if more people are educated