Boise and Nampa’s criminal attorney provides insight into criminal charges
Boise and Nampa’s criminal attorney recommends that anyone charged with a crime familiarize themselves with the basics. First, a charge is simply a claim or something someone says took place. A charge doesn’t prove anything, and the law presumes your innocence as a right. The Idaho state must prove you committed the alleged crime. This is through legal and competent evidence establishing guilt beyond a reasonable doubt.
What happens next after a criminal charge?
The answer is unique based on the level of the charge and the court handling the case as follows:
Misdemeanor offenses in state court
An instance is when faced with a charge of committing battery, such as a bar fight. If you were arrested at the time and didn’t post a bond to get out of jail, the first hearing typically provides the judge with an opportunity to advise you of the charge, its maximum punishment, and your rights as a defendant.
This includes the right to an attorney at court expense if you can’t afford to hire one.
The court will also listen to your argument about why you should be released, or the bond lowered where applicable. Your release can be based on your promise to appear, or you may be needed to post a bond to get out of jail. A lawyer can assist you in providing the court with information about your education, employment history, connections to the local community, prior criminal history(if any), and your plan in case you are released. That makes a lawyer crucial at the very first stage.
Felony case in state court
Similar general issues will be considered. Your criminal record and plan when released are also important. The law favors release, but the court must consider the probability of showing up for court in the future and, most importantly, if your release will pose a risk of harm to other people. In case you threatened someone by phone before the first hearing, you shouldn’t wait to be released. It is because jail calls are recorded. The main function of any judge is to protect society, and your freedom requires that you don’t make threats or inspire untrustworthiness.
The next appearance will be a Preliminary hearing, where you will be given a date to appear before the magistrate judge, who will hear the evidence and decide whether there is probable cause to believe you have committed a crime.
Felony case in federal court
The process is almost the same as the above. The first appearance is usually before a federal magistrate who will advise you and consider whether you will be detained pending trial. The Bail Reform Act dictates the terms for release or detention pending the trial of the case. Note that most cases in federal court are brought by way of the Grand jury, so a preliminary hearing is not likely to occur.
Choose Boise and Nampa’s criminal attorney
Charged with a crime? The rules and procedures in different courts vary. Choosing Boise and Nampa’s top-rated criminal attorney, who familiarizes with the procedures, can help your case significantly for the best possible outcome.
Jacobson & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started.