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Criminal Case Process

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  Discliamer: This web site is designed for general information regarding hiring a criminal defense attorney only. The information presented on this site should not be construed to be formal legal advice.  


Criminal Case Process

 

Crimes are classified into three basic categories:


a. Felonies (Fines, Restitution, Probation, County Jail, State Prison, Parole)
b. Misdemeanors (Fines, Restitution, Probation, County Jail)
c. Infractions (Fines, Restitution)


Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor. Wobblers may be considered either a misdemeanor or a felony, because under some conditions the punishment may be imprisonment for less than a year, and in other situations, the accused may go to prison for a year or more. Behaviors punishable only by fine are usually not considered crimes at all, but infractions-for example, traffic tickets. But a legislature may on occasion punish behavior only by fine and still provide that it is a misdemeanor.

Once the complaint is prepared, it is filed with the clerk of the court and assigned a case number, and a date for arraignment is set. If the defendant is in police custody, excluding Saturdays, Sundays, and legal holidays

 

 
 
 

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