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Frequently
Asked Questions About Criminal Cases
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| 1. |
What
is the difference between a misdemeanor charge and a felony charge?
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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:
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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:
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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:
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Murder
Sale of a Controlled Substance
Robbery
Felony DUI
Embezzlement
Possession of a Controlled Substance
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| 2. |
Why
did I have to post bond?
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| 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. |