The defendant will be asked to plead to the charges against them: guilty, not guilty, or, in some cases, nolo contendere (the person does not contest the charges, which legally is the same as a guilty plea). Also, bail (property temporarily given to ensure that a person released from custody will return at an appointed time) may be raised or lowered. At this hearing the judge will officially tell defendants about their constitutional rights and explain the charges against them. If a defendant, the person accused of a crime, is in custody, he or she has the right to an arraignment within 48 hours of being arrested. An Infraction is resolved by paying a fine.Ī criminal case begins when a prosecutor files formal charges, a person is arrested, or a grand jury issues an indictment.A Misdemeanor is a lesser offense than a felony and generally is punishable by fine or imprisonment in a city or county jail rather than in a state penitentiary.A Felony is a criminal offense punishable by imprisonment in a state prison or by death.The prosecuting attorney presents the charge against the accused person (defendant) on behalf of the state (plaintiff), and must prove to the judge or jury that the defendant is guilty beyond a reasonable doubt. The state makes the charge against someone accused of committing a crime because a crime is considered an act against society. Criminal cases range from relatively minor offenses such as traffic infractions to serious ones like robbery and murder.

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