Arraignment
one of the first appearances
before the Court when charged with a crime where the
Judge will advise as to the charges against you, potential
penalties and your legal rights.
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Arrest Warrant
an order issued by a
Judge commanding the arrest of an individual for investigation
of or charging with a criminal violation of the law.
Most arrest warrants set forth a bond amount to be paid
for release from custody. Some arrest warrants, such
as for domestic violence charges, require a Court appearance
prior to a bond amount being set. Arrest warrants for
serious crimes such as murder do not have a listed bond
amount to be paid and the issues must be litigated after
significant preparation.
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Domestic Violence
criminal violations involving
past or present domestic or intimate partners. Crimes
of this nature include assaults, harassment, threats,
destruction of property, stalking and burglary. Domestic
violence charges require no bond holds upon arrest until
the individual is brought before a Judge who will set
bond. A protective order is usually entered at the first
Court appearance preventing the individual from having
contact with the alleged victim in the case. If the
parties have children, parenting time maybe provided
for in the protective order. Domestic violence convictions
required anger management therapy and prohibit those
convicted from possessing firearms.
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Felony
serious crimes including
drug cases, assaults with serious bodily injury, many
sexual assault cases, theft over $500.00, burglary,
robbery, kidnapping, attempted murder and cases that
may result in a Department of Corrections sentence up
to life in prison without parole or the death penalty.
Theses cases are initially filed in County Court where
a preliminary hearing or dispositional conference is
held and then the matter is transferred to District
Court.
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Misdemeanor
crimes that generally
may result in six months to two years of jail time,
versus prison time, that include such violations as
third degree assault, theft under $500.00, possession
of less than eight ounces of marijuana, harassment,
more serious driving offenses, such as DUI, and most
crimes that are usually charged as a result of domestic
violence, without seriously bodily injury. These crimes
are prosecuted in Municipal and County Courts instead
of District Court.
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P. R. Bond
Personal recognizance
bond; after being arrested for a criminal violation
an individual signs an agreement to appear at all of
their court dates, without having to post bail money
prior to being released. These bonds may include agreeing
to pay cash, for instance a $5,000.00 P.R. bond, if
the individual fails to appear at required court appearances,
even if they need not pay anything to initially be release
from jail after arrest.
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Petty Offense
generally subjecting
an individual to a fine without possibility of jail
time although some petty offenses carry up to a six
month jail sentence, such as for disorderly conduct
or possession of one ounce or less of marijuana.
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Preliminary Hearing
if charged with a class
1, 2 or 3 felony or if charged with a class 4, 5, or
6, felony and the individual is in jail, the accused
is entitled to a preliminary hearing where the District
Attorney must present sufficient evidence to show that
there is a good likelihood that an individual is guilty
of the charges filed and the matter should be transferred
from County Court to District Court for trial.
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Summons
an order to appear in
Court to answer criminal charges which generally does
not result in the arrest of an individual for any length
of time. A summons is issued commanding the individual
to appear in Court at a later date, without the necessity
of posting a bond of any type.
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