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Frequently Asked Questions About Criminal Cases

1. What is the difference between a misdemeanor charge and a felony charge?

A misdemeanor charge is a minor criminal charge. The maximum amount of time that a person may be sentenced to jail for is one year. Most misdemeanor charges are traffic violations where typically there is a fine to pay and usually no jail time. Examples of minor misdemeanors are:




Speeding
Illegal Parking
Careless Driving
Expired Tag

If someone is convicted of a more serious misdemeanor there will usually be a fine and a jail sentence. Some courts will allow for counseling, treatment, etc., in lieu of jail. Examples of serious misdemeanors are:






Simple Assault
DUI (1st or 2nd Offense)
Domestic Violence
Shoplifting
Possession of Marijuana (License Suspension is Mandatory)
Possession of Paraphernalia

A felony charge is one for which a person may be sentenced to serve a period of time in the State Penitentiary. This sentence can vary from a short period of time up to life, depending on the charge. Some felony charges carry with them the potential of a sentence of death. A person convicted of a felony, whether prison time is ordered or not, loses their right to own a firearm and vote. In fact, a common felony charge is that of a convicted felon possessing a firearm. Examples of felony charges are:






Murder
Sale of a Controlled Substance
Robbery
Felony DUI
Embezzlement
Possession of a Controlled Substance

2. Why did I have to post bond?

The purpose of the bond is to try to assure that the defendant will be present for his/her court proceedings. A bond amount is ordered by the court and if the defendant has the means to make that bond, he/she may be released subject to the bond. In most cases, a defendant is bonded through a bonding company where they typically will have to pay the bondsman 10% of the face value of the bond. An example of this is where someone is charged with sale of cocaine and has a bond set at $25,000. The defendant would have to pay the bonding company $2,500. The bonding company makes a guarantee to the court that if the defendant does not show up for court, they will pay the court the face amount of the bond, i.e. $25,000.
 

Brumley & Smith, LLP
Attorneys at Law
503 South State Street
Jackson, MS 39201
(601) 354-4DUI • (601) 354-4384 • (877) 354-4384

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