Being arrested can be a very frightening and emotional experience. Our firm will help you through this period of instability and provide a defense to the charges against you. You should be aware of what certain terms mean that you will hear throughout the progression of your case.
Terms you need to know.
1. "Arraignment." The arraignment is really just an administrative hearing when you will be formally charged with a crime and asked to respond by pleading guilty, not guilty or no contest. Most of the time attorneys prefer their clients to plead not guilty at the arraignment because the plea can always be changed later depending on what the attorney discovers during his or her investigation.
2. "Arrest." Where the police detain a person in any way that makes it clear that they are not free to leave. Before the police can ask you any questions about your involvement in or knowledge of a crime, they must read you your "Miranda warnings" and tell you that you have the right to remain silent and that you have a right to speak with an attorney before you answer any questions.
3. "Bail." Bail is money that is given to the Court to hold while your case is pending to guarantee that you will show up to court when you are supposed to. You are allowed to post bail while your case is pending except in cases of first degree murder and violation of probation. The amount of bail usually depends on the local bail schedule which is based on the seriousness of the crime you are charged with. The judge may lower the bail amount if your attorney shows that you are unlikely to run (for example, that you have strong ties to the community by way of a steady job, family etc.) You can get all of your bail money back at the end of your case.
4. "Bail Bond." Money that is given to the court by a "bondsman" to guarantee that you will show up to court when you are supposed to. A Bondsman is a person who charges a fee (usually 10% or 15%) for posting the bond. If you do not appear in court when you are supposed to, the bondsman may lose his or her money or property. Usually, the bondsman will look for you and bring you back to court, forcefully if necessary, in order to get their money back.
5. "Charge." A formal accusation of criminal activity. The prosecutor decides on the charges after reviewing police reports, witness statements and any other evidence of wrongdoing. Formal charges are announced at the Arraignment.
6. "Plea." The defendant's formal answer to criminal charges.
7. "Plea Bargain." A negotiation between your attorney and the prosecutor. The defendant usually pleads guilty to a lesser crime or fewer charges in exchange for a guaranteed sentence that is shorter than what you could get if convicted at trial.
You are probably anxious to know what happens once you are arrested. This is understandable. Please review the information "The process - what happens next?" under DUI Defense category.
It is imperative for you to understand that should you plead guilty or are found guilty your sentence can be influenced by your prior criminal history. There is no guarantee that you will not have to serve time in jail and you should prepare yourself for this potential outcome.
If you have been charged with a crime, you should contact an attorney immediately to prepare your defense.