The period between arrest and conviction is one of the most uncertain and stressful phases of the entire criminal justice experience. Cases can drag on for months or years. Plea negotiations, pretrial hearings, continuances, and evidence reviews all happen while a person sits in county jail or on bail waiting for a resolution. This section covers how the pretrial process works, what the difference is between a felony and a misdemeanor, how plea deals are negotiated and what the risks are, what happens at a preliminary hearing versus a trial, how defense investigators can help build a case, and what families can do to support their loved one through the uncertainty of pending charges. The guidance here is written for families encountering the criminal justice system for the first time who need to understand what is happening without being overwhelmed by legal complexity. See also our sections on Law Questions and Legal Terms, Bail and Bond Questions, and Sentencing Questions.
Subject: Pending criminal charges
You will risk exposing yourself to detainment if you have an outstanding warrant. We would recommend writing as a first option, maybe through our letter service if you wanted to avoid using your name. If you go the calling or video visit route, you are giving the authorities your location. Why not work out something with the jurisdiction that has the warrant and turn yourself in. It's not going away and it'll be easier to deal with than if you...
Read moreSubject: Pending criminal charges
You need to contact the Clerk of the Court in the state and county of his arrest. They will have the exact charges. If he is not able to afford an attorney, one will be provided. The timing involved in that process varies depending on the public defender's office.
Subject: Pending criminal charges
Failing to appear in court after being released on bail creates several serious problems that compound whatever the original charges were.
The first immediate consequence is that the bail bond is forfeited. Any money posted as bail is gone, whether it was paid in cash or through a bondsman. The bondsman, if one was used, will also send a bounty hunter to locate and return your brother to custody.
The second consequence is a new charge. Failure to appear, also called bail...
Read moreSubject: Pending criminal charges
You will have to contact the Clerk of the Court of Crawford County and request the charges. This is where any attorney would go to get the same detailed information. They might have a nominal charge for the copying of the record if that is something you want, too.
Subject: Pending criminal charges
Contact the Clerk of the Court where he was charged. This is where the lawyers go to get their information. There might be a small fee if you want this information in writing.
Subject: Pending criminal charges
If it is another jurisdiction, you have to find out where the new charges are emanating from (you need to know which agency is bringing the charges and where the charges were filed). If this is an internal matter handled by the Disciplinary Hearing Officer, you might try calling his counselor and asking nicely. If they will not tell you, the only true way to know is if your inmate is truthful and just tells you.
Subject: Pending criminal charges
The timing is brutal, but the situation he is in is serious regardless of how close he was to finishing. Two days before probation ends does not create any special leniency. The new charges stand on their own, and the probation violation that comes with them adds to the picture the judge will see.
The habitual offender designation is the part that matters most here. In Indiana, habitual offender status is a sentence enhancer, meaning it can add significant additional time...
Read moreSubject: Pending criminal charges
Aggravated riot is a serious felony charge and the potential sentence varies significantly depending on which state the charge is filed in, the specific circumstances of the incident, the individual's criminal history, and whether the case resolves through a plea or goes to trial.
Federal vs State
Aggravated riot charges are most commonly filed at the state level. Federal riot charges exist under 18 U.S.C. 2102 but are less common. The distinction matters because federal and state sentencing structures are completely different.
State...
Read moreSubject: Pending criminal charges
This sounds a little fishy. Make sure of what his EXACT charges are because piracy of Internet content like music is one very minor charge that is largely never pursued, child pornography is another - very seriously and aggressively prosecuted. It sounds like he might have been caught with child pronography and he was hiding the pictures in the music files. If this is a federal case (FBI involved) then he could face a lengthy prison sentence in the United...
Read moreSubject: Pending criminal charges
A fugitive of justice charge means that another state or jurisdiction, in this case likely Los Angeles County based on the LACBA reference in the warrant number, has an active warrant for your daughter and Arizona is holding her until that jurisdiction comes to collect her. She has not necessarily been charged with a new crime in Arizona. The charge is essentially a holding status while the extradition process is arranged.
The LACBA prefix on the warrant number points to Los...
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