cja 224 Explaining Court Processes
cja 224 Explaining Court Processes
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Date Created: 11/06/15
Running head EXPLAINING COURT PROCESSES Explaining Court Processes C A 224 Dear Friend EXPLAINING COURT PROCESSES 2 We are sorry for your unfortunate situation We understand your reason you did what you did Unfortunately what you did is against the law We have reviewed your situation and did the research you asked us to do Your situation is tricky because you are homeless If you were to use your address because you simply wanted your child to continue school in that district this case would be worse You were not aware of the correct way to enroll your son in your situation This could help your case a little Unfortunately you still broke the law and will have to face some consequences for doing so Here are the answers to the questions you have sent us We hope they help you Miranda rights are to be read after a person is arrested Most police wait as long as possible to arrest in order for a suspect to say as much as possible After arrest if the police want to talk with you they must read the Miranda rights If Miranda is not read the consequence is that the statements made by the person arrested cannot be used at trial Your case will not be dismissed However if the defendant wants to testify at his own trial the statements can still be used against him for impeachment purposes The best thing a person can do when being confronted by the police is to ask for a lawyer and say nothing regardless of whether or not you are under arrest Black 2012 I would suggest that you ask to have an attorney present when being questioned Under the Miranda rights it states you have the right to remain silent to know that waiving your rights to remain silent gives the police officer the right to use anything you say against you You have the right to an attorney and to talk to them privately before being questioned and that if you cannot afford an attorney and the crime you have been arrested for has jail time as a possible penalty you also have the right to have an attorney appointed for you at no cost to you before EXPLAINING COURT PROCESSES 3 they can question you Therefore you should always ask for an attorney before answering any questions Depending on the state you are being charged in depends on if this case will be considered a state or federal offense I am sorry I could not answer your question properly but I did a lot of research and could not find anything Unless there are exceptions made you will probably be charged with a felony I looked up some old cases like yours and they had been charged with felonies This is because they considered it to be stealing education and the cost of putting your child in a school district they do not reside in is over 500 so it is charged as a felony I wish I could tell you otherwise Yes absolutely you need an attorney An attorney will help provide you with the best guidance and counsel about your situation An attorney also knows how to talk to a judge and can better explain your situation then you can An attorney knows the local law in your area and will look out for your interests in order to reunite you with your child Even if you cannot afford an attorney then the courts will appoint a public defender to you and they will look out for you and your interests In many cases there39s a process allowing the person arrested the accused to be released from jail in exchange for money called bail a pledge of property or a personal promise to return to court for all necessary hearings If the accused makes all scheduled court hearings bail is refunded to him when the trial39s over He gets a refund whether he39s found innocent or guilty In some cases especially for minor crimes a judge may agree to release the accused without requiring the payment of money or posting of personal property This is called being released on one39s own recognizance also known as ROR or OR It means the judge thinks the accused EXPLAINING COURT PROCESSES 4 has a good reputation and can be trusted to return to court for trial without the financial quotmotivationquot of bail Most departments have guidelines on who they release reports to The purposes of the guidelines are to protect ongoing investigations and the parties involved victims Witnesses those wrongly accused juveniles etc Generally speaking it is much easier to obtain court records than police reports If someone was charged as a result of the police investigation you should be able to obtain a copy of the affidavit submitted to obtain the arrest warrant Also if you can convince a court that the police report is needed for a matter going to court you can request the court issue a subpoena for the police report This is a confusing one there are some similarities between the two Both are used in cases in general sessions the most serious cases Both are used to decide if there is enough probable cause for a case to continue Both are useful in a criminal case A preliminary hearing leads to a Grand Jury which ultimately decides if there is enough evidence to go to trial It is not a case of who it benefits It is all about being held accountable for committing a crime if found guilty The most important thing to remember about the two is that while a case may have both a preliminary hearing and a grand jury hearing only the grand jury hearing is mandatory and once the grand jury hearing has been done a preliminary meaning first hearing cannot be done When it comes to your plea agreement it is best to plead guilty There are different ways the prosecutor and your attorney could handle the way you are sentenced To plead not guilty would say you are denying all charges and there is proof that you have used you old address To come in and tell the truth right away shows honesty This is also your first time in trouble which will help you in the long run The judge may be lenient about the sentencing considering you do EXPLAINING COURT PROCESSES 5 not have any prior convictions They also will take into consideration that you do have a six year old son that is in protective services The courts would agree that he belongs with you They may even help you find a better living situation Depending on your type of trial the judge or the jury will decide A jury decides only if you are being convicted by your peers where as the judge decides if there is no jury to decide The prosecutor s job is to convince the judge or the jury beyond reasonable doubt that you are guilty If you are found guilty you could serve ten days in jail three years probation and have to complete community service hours I think this would be the sentence they would give you because your son is in protective services and should be with you Again you have never committed a crime before and it is the best that your son is returned to you If you do not agree with the verdict or sentencing your options are to appeal An appeal occurs when an appellate court such as one of the federal courts of appeal examines a lower court s decision in order to determine whether the proper procedure was followed or the law was correctly applied When a defendant appeals he or she is claiming that the court made an error Appeals guarantee that a defendant who is found guilty can challenge his or her conviction they also guarantee that another judge or panel of judges disconnected from the initial trial will review the lower court s decision Siegel Schmalleger amp Worrall 2011 p 386 We hope that we have answered all of your questions Hopefully this will help you understand your options Please let us know if we could help you in any other way We wish you the best of luck Sincerely Your friend EXPLAINING COURT PROCESSES 6 Reference Black A M January 2 2012 Law office of Aaron M Black Retrieved from httpWWWaaronblacklawcomblogblogpoostcfmp22 Legal Info 2009 Classifications of crimes Felonies Retrieved from httpWWWlegalinfocomcontentcriminallaWclassificationofcrimefelonieshtml Preliminary Hearing Jan 2012 Retrieved from httpWWWlanirmscom Schmalleger F Siegel L Worrall J 2011 Courts and Criminal Justice in America Published by Prentice Hall Upper Saddle River NJ Pearson Education Inc Wisegeek 20032013 What is Felony Fraud Retrieved from httpWWWWisegeekcomWhat isfelonyfraudhtm
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