Answers To Common Questions About Criminal Proceedings

Law Blog

Being charged with a criminal offense can be a terrifying experience for a person to go through. This stress can be further compounded by being uncertain about what should be expected. If you are uncertain about what the process of being arrested and charged with a crime entails, it can be easy to find it difficult to make sound choices for handling this serious matter.

When Will Your Bail Amount Be Set?

After being arrested, the first step will be attempting to post bail so that you can leave jail to help prepare your defense. This is done through posting bail. Bail will often be determined by a formula that is based on the severity of the crime committed. For those that have committed minor crimes, a bail amount will be assigned almost immediately. However, for those that have been charged with major crimes or that have a history of being a repeat offender, a judge may need to specially set the bail amount. As a result, if individuals are arrested and charged with major crimes when the judge is not present, they will have to wait until the following morning to have their bail set.

Are There Requirements To Receive A Court Appointed Attorney?

There are many individuals that may feel that they are unable to afford to hire a criminal defense attorney. Unfortunately, these individuals may assume that they can simply request a public defender to be assigned to them. However, assigning a public defender to a defendant represents a sizable commitment of resources. As a result, there are means tests designed to measure whether a defendant is able to afford an attorney.

If you fail the means test and are denied a public defender, you should not panic. There are many private practice criminal defense attorneys that are used to working with clients to create a fair payment plan.

What Happens During An Appeal?

Sadly, there is always a chance that you will be found guilty of the charge that you are facing. When this happens, you may be able to file an appeal. However, appeals are often poorly understood by defendants, as individuals may assume that an appeal is a full trial. Yet, this is not the case because appellant courts are only interested in ensuring that proper procedures were followed in your trial. Therefore, both attorneys will submit written briefs outlining their arguments as to why the lower court did or did not make a mistake. If an appeals court rules in your favor, you may find that the case is sent back to the lower court so that you can have another trial.

For more information, contact Mesenbourg & Sarratori Law Offices or a similar firm.

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11 August 2016

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