If You're ArrestedAll arrests are not the same. In some arrests you're charged with a crime, while in others you're not.
You're charged with a crime only if the possible penalty includes time in jail or prison. There's one exception, though; you may face jail time for failing to pay a fine or forfeiture, but this failure isn't considered a crime.
In most cases, traffic offenses and city, town or county ordinance violations are not criminal offenses. Certain offenses can be charge as either ordinance or criminal offenses — for example, retail theft (shoplifting) or disorderly conduct. And some offenses are noncriminal for first time offenders but criminal for second time violators. The most common example of this is operating a motor vehicle under the influence of intoxicants.
A monetary penalty for a crime is called a fine. For a non-criminal offense it's called a forfeiture.
There are some other important differences between criminal and non-criminal cases. First, a criminal conviction may have a negative effect on your employment opportunities, school applications, professional licensing, and so forth. Second, in criminal case, the prosecution must prove you guilty beyond reasonable doubt — a stricter requirement than for a non-criminal case. Finally, you have more legal rights in a criminal case, such as the right to remain silent and the right to the assistance of an attorney. In a non-criminal case the prosecution can call you to the stand and force you to testify against yourself. |
If You're Charged With a Non-Criminal OffenseIf you're charged with an ordinance or traffic offense that is not a crime (such as speeding), you'll be given a citation. In most cases you won't be taken into custody. Police may not search you or your property without permission if you are not taken into custody in a noncriminal offense. The citation will usually give you a choice of paying a forfeiture or going to court. It will state a date for you to appear in court if you choose not to pay the forfeiture.
Your first court appearance is known as the arraignment, during which you enter a plea of "guilty," "not guilty," or "no contest."
The "non contest" plea means that you are not contesting the offense charged. The "no contest" plea will result in a conviction, but the conviction cannot be used against you in a law suit. For instance, let's say you have an auto accident. As a result of the accident, you're given a traffic citation for a violation. In this case you may want to plead "no contest," in case the other driver decides to sue you.
In most ordinance or traffic cases when you plead "not guilty" you're given a pretrial date and a trial date. In noncriminal cases you do not have an automatic right to a jury trial. Unless you specifically demand a jury trial and pay the required fee within 10 days of your initial appearance, your trial will be held before the judge. At the pretrial you'll meet with the prosecutor and try to settle the case. For example, you may try to change a speeding charge to a lesser point violation.
If you can't resolve the charge at pretrial, you must appear at the trial. You may or may not want to have an attorney, depending upon the seriousness of the offense, the status of your driver's license, and so on.
If the judge finds you guilty and you don't pay the forfeiture by the deadline for payment, you're driver's license may be suspended if the violation is for a traffic offense. Otherwise, you could be jailed or ordered to perform community service. |
If You're Charged With a CrimeUsually you will be taken into custody when you're arrested. The police may read you your rights, photograph you, and take your fingerprints. If you are arrested without a warrant, a judicial magistrate must determine whether there is enough probable cause to charge you, and this usually must be done within 48 hours of your arrest. The 48-hour rule does not apply to an arrest with a warrant, because a judicial determination of probable cause has already been made to support issuing the warrant.
Remember that you have two improtant rights: the right to remain silent and the right to a lawyer. If you are indigent, an attorney from the State Public Defender's office will be appointed. Police may not ask you any more questions if you claim either or both these basic rights. If you are unable to communicate with the court or your attorney because of a disability or a language barrier, an interpreter will be provided for you.
To be released from custody after your arrest, you must post bail. In some cases, you can do this by a signature bond (a written promise to appear in court). In other cases, you may be require to provide either a secured surety bond (you put up property, such as a car or a house), or cash (which may be posted by you or someone else). In addition, the judge may impose others conditions on you that he or she deems reasonable to assure your appearance or protects members of the community.
If you're convicted of a misdemeanor, you may be imprisoned for up to one year. Any "time" you serve will be in the county jail or house of corrections. A felony charge is much more serious, because it can mean a year or more in prison. In either case, it's very wise to consult an attoryney. If you can't afford one, the judge will refer you to the State Public Defender's office.
In either a misdemeanor or a felony case, you'll have an initial appearance. At this appearance you'll be served with a criminal complaint that outlines the charge, the probable cause supporting the charge, and the penalty. |
