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
The range you are looking at is six years on the low end and twenty on the high end, but where she lands within that range is almost entirely within her own control.
The six-year minimum is real and reachable. Parole eligibility in most states kicks in after the minimum is served, and a first appearance before the parole board is not automatic approval, but it is a genuine opportunity. What the board is looking for is straightforward: has she followed...
Read moreSubject: Pending criminal charges
Before you make any calls or contact the facility, stop and think carefully about your own exposure here. This is not a situation where being proactive and helpful is automatically in your interest.
If drugs were found on a stamp you mailed, your name and return address are already on that envelope. The facility has it. Depending on how seriously they pursue it, that information can be referred to local law enforcement or federal authorities. Mailing a controlled substance into a...
Read moreSubject: Pending criminal charges
The honest answer is that it depends on several factors, but the charges themselves are on the lower end of the severity scale, which works in her favor.
Possession of paraphernalia and disorderly conduct are misdemeanor-level offenses in most jurisdictions. For someone with little or no prior criminal history, a first appearance on charges like these often results in a fine, probation, a diversion program, or time served. Judges see these cases constantly and for first-time or low-history defendants, a hard...
Read moreSubject: Pending criminal charges
You can verify the charges yourself through the Clerk of the County Court in the county where the charges were filed. This is also where the trial would be if they take it to court,
Subject: Pending criminal charges
The most important thing to establish right now is exactly where the case stands in the legal process, because that determines what options are actually available.
If he has not yet entered a plea and the case has not gone to trial, he is entitled to a public defender at no cost if he cannot afford private counsel. What most people do not know is that the right to counsel also includes the right to an investigator paid for by the...
Read moreSubject: Pending criminal charges
If this is a state charge, you can contact the Clerk of the Court in the county where they were arrested. If this is a federal charge, you can Google your inmate's name with the word "indictment" to see the FBI's statement on the charges. They love to brag about their conquests so there is no lack of publicity.
If neither of these work, you can use a pay service that has the most accurate and up-to-date arrest information nationwide. That cost...
Read moreSubject: Pending criminal charges
You can stay in contact but you need to be careful about which methods you use and what information they require you to provide.
Writing a letter is your safest option right now. Through InmateAid's letter service your personal address does not appear on the envelope, which provides a layer of privacy that direct mail does not. The letter reaches your husband without exposing your location to anyone processing the mail at the facility.
Phone calls carry more risk depending on how...
Read moreSubject: Pending criminal charges
The charges are public record and accessible through the Clerk of the Court in the county where he was arrested. That office maintains all case filings including charging documents, and you can contact them by phone or in person to ask what is on the docket under his name. In many jurisdictions the court's website also has an online case search function where you can find basic case information by name or case number at no cost.
If you want a...
Read moreSubject: 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
New charges filed against someone already incarcerated can come from two very different directions, and figuring out which one applies here determines where you look for information.
The first possibility is an internal disciplinary matter handled within the facility by a Disciplinary Hearing Officer. This covers rule violations and incidents that occur inside the house of corrections itself. If that is the case, call the facility and ask to speak with his counselor. Explain that you received a call about new...
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You will have to contact or visit the Clerk of the Court for Val Verde County (assuming this is a state charge). This is where the attorneys go to get their information. The Clerk should be able to give you the entire case in printed form if you are willing to pay for the copying charge. Once you have his case number, you can contact them to get updates.
Subject: Pending criminal charges
He is probably not looking at more time, unless what he brought in is either a weapon or a cellphone. The more likely outcome is that he will lose his accrued good time, he will be relegated to the SHU for several weeks or more. He will lose most privileges like phone, visitation and commissary. And finally, he is very likely going to be shipped to a higher security prison to finish out his sentence.
Subject: Pending criminal charges
Not good. A fourth DUI in Michigan while actively on probation for the third is about as bad a combination as it gets in the drunk driving context. The new DUI itself triggers a new criminal prosecution, and the probation violation from the third offense runs alongside it. He is now looking at two separate legal matters hitting at the same time.
In Michigan, a fourth DUI is a felony under the habitual offender provisions that apply after multiple convictions. Felony...
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