The text explains the process of being charged with a crime in the United States. It includes information on indictments, pleas, trial dates, fines, and attending hearings. It also discusses the possibility of being held in prison and the determination of bail.
An indictment is the formal reading of the allegations against a person. Usually if the charge is short, although it can be combined with a bail hearing if the offense is a serious felony. This is also an opportunity for anyone accused of a crime to file a complaint. In the United States there are usually three possible grounds: not guilty, guilty, no dispute.
A final plea called the Alford law can be entered into criminal cases. In these cases, the defendant does not admit to the crime, but acknowledges significant evidence that could allow a jury or judge to conclude that the defendant committed a crime. The Alford Act may lead to the prosecution of the case or may result in a direct guilty verdict.
After the plea is entered, the prosecution’s next task is to determine trial dates. In some cases, a guilty plea can lead the judge to pronounce the sentence immediately. If the offense is a minor one, such as a fine, the accused can simply pay a fee and walk away. Sometimes a charge for minor traffic offenses can be evaded by paying a fee before the charge. In these cases, payment of the fee is sufficient and the defendant does not have to appear in court. This varies from state to state, and you should check with the courts whether paying a fine exempts you from attending a trial.
Failure to attend a charge when required can result in further criminal charges, fines, and the issuance of an immediate arrest warrant. In almost all cases, one must appear in a trial to avoid it. Usually, those accused of a crime who are not being held in prison are given a date and time to attend their hearings.
If someone is held in prison, without specific charges, they must be subpoenaed within 24 to 48 hours of arrest. In a charge of this type, the prosecutor must produce sufficient evidence to demonstrate probable cause for the charge. If no charges can be charged, the person held in prison is not charged and is released.
Those held in prison on a specific charge also usually attend a hearing quickly to be formally charged. If a bail hearing follows, the accused may be released on their own acknowledgement, have a bail amount allocated for their release from prison, or may not be allowed to leave prison. Where the crime is of a serious nature and there is a possible risk of absconding, release from prison may not be possible. The release or determination of bail is at the discretion of the judge.
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