ER Legal Blog
Legal guide to all aspects of law and the legal system covering family and business law, personal injury, medical malpractice and criminal law.
Estate Law
Probate is used to disperse property and funds, but a will contest can stop an estate from being awarded until the courts decide the true intentions of the deceased party. Estate planning can be used to avoid these unfortunate events, so use all tax exemptions and clauses to your benefit.
Criminal law - Misdemeanors
Some criminal charges are more severe than others, but ultimately, nearly all charges can lead to terms of imprisonment. Learn what can happen as a result of being charged with a misdemeanor offense and gain the knowledge that you will need to defend your innocence.
Moving Violation Penalties
At some point in life nearly everyone receives a moving violation. The penalties can range from verbal warnings and fines to having your car towed or spending time in jail. The best thing that you can do is to address all moving violation as quickly as possible.
Recent Articles
Home · Legal Guides · Criminal Law – Misdemeanors
Recent Comments
Criminal Law – Misdemeanors
Depending on the nature and degree of the law broken a charge can result. In the US, criminal charges fall into one of two categories; felonies or misdemeanors. Usually, less serious crimes or first time offenders will be charged with a misdemeanor. A misdemeanor can occur as the result driving at an excessive speed, possession of drug paraphernalia or being involved in a physical alternation. Juveniles under the age of 18 can have their criminal records expunged in most cases, but adults may have a more difficult time having their criminal records sealed, even if they have only been charged with a misdemeanor. In the US states that do not allow for expunging records, a pardon from the governor can be granted.Misdemeanor charges fall under three classes which are categorized by severity. Individuals charged with Class A misdemeanors are usually first time offenders. Suspects are not always arrested at the scene of a crime. If a person files a criminal complaint against another individual, authorities will launch an investigation, gather evidence victim and witness statements, and issue a warrant for arrest if applicable. Sometimes suspects will be alerted to the fact that they have outstanding capiases or bench warrants via the phone or by mail, but other times they will not find out until they have police contact. If an individual only has one or two misdemeanor charges no monetary bail may be granted, which is referred to being 'bailed out on own recognizance.'
Class B misdemeanors are usually filed when a person has repeatedly been arrested. In these cases the family, friends or associated of the suspect may contract with a bail bondsman who will put up the collateral necessary for release. A suspect that is out on bond will have to agree to appear at all court hearings or risk being apprehended and detained by bounty hunters. In most cases, suspects that are convicted of Class B misdemeanors will have to pay fines as well as go to the county jail for a period of five to 90 days.
Those that are charged repeatedly with multiple misdemeanor offenses are almost always classified as Class C misdemeanor offenders. The penalties for these charges can be much more severe, and if convicted these offenders may go to a county jail for two years. Some suspects can plead guilty to lesser charges in order to avoid jail time, but this is not always possible. Usually, individuals charged with a Class C felony will retain counsel or ask for a public defender to be appointed. If convicted of a Class C felony, criminals may have to report to a probation officer for a period of time determined by the courts, however, failure to report to jail or a violation of the terms of their probation can lead to a felony charge.
15.07.2010. 16:30