FAQs About Criminal Cases
There are many things to learn about criminal cases. Criminal cases can involve many people including: a judge, defendant, a prosecuting attorney, witnesses and police. Criminal cases involve determining if someone is guilty of a crime. They have procedures and special circumstances to follow that may present many questions.
Q. What is a defendant in a criminal case?
A. A defendant is the person that is accused and charged with a crime.
Q. What is the difference between a felony and a misdemeanor criminal case?
A. The difference in the cases is the maximum punishments that can be imposed. Felony cases usually have a maximum punishment of years in prison. A misdemeanor case will have a maximum punishment of up to 12 months in jail.
Q. What is a plea bargain for a criminal case?
A. A plea bargain is where the prosecutor offers a defendant a lighter punishment of a crime in exchange for the defendant to plead guilty and avoid trial. An arrangement is agreed by both parties and a judge has to approve it.
Q. Do all criminal cases involve people being arrested?
A. People are not always arrested for criminal cases. The police can choose to serve them a summons to appear in court instead of arresting them. The choice not to arrest a person may also depend on the severity of the crime.
Q. Can charges for criminal cases get dropped or reduced?
A. Yes, it is possible charges can get reduced or even dropped. Charges can be negotiated down with the prosecutor. Charges can be dropped before or during trial by a judge.
Q. Why would anyone accept a plea bargain for a criminal case if they are not guilty?
A. The reason someone may accept a plea bargain if they are not guilty is because they may not want to risk going to trial and being found guilty. The punishment may be worse, and they may find themselves serving time for something they did not do.
Q. What does “presumption of innocence” mean for criminal cases?
A. Presumption of innocence means all defendants are innocent until proven guilty in a court of law.
Q. What will happen if a criminal case is found guilty?
A. The next step is a sentence hearing where a judge will impose a punishment for the crime. This may include probation, community service hours and serving time in a correctional facility. The punishment will depend on the case and the severity of the crime.
Q. Do criminal cases have to go to trial?
A. No, all criminal cases do not have to go to trial because people can accept a plea bargain from the prosecutor and avoid going to trial if this is the best option.
Q. Can a defendant represent themselves in court in a criminal case?
A. Yes, a defendant can represent themselves in court for a criminal case. However, it may be harder to negotiate better options with the prosecutor due to lack of experience.