CRIMINAL DEFENSE FREQUENTLY ASKED QUESTIONS FOR BLOOMINGTON AND SURROUNDING MINNESOTA AREA CLIENTS AND PROSPECTIVE CLIENTS
- What happens if I am arrested for breaking a criminal law?
- Can police officers use force to arrest me?
- Will I be fingerprinted or have to be in a line-up?
- What is the role of the judge in a criminal trial?
- What is the role of the jury in a criminal trial?
- What is the Fourth Amendment?
- Does the Fourth Amendment protect all searches?
- What is bail?
- What happens at a bail hearing?
When a society and its government determine that certain behavior or conduct is dangerous to citizens or collectively damaging to society, such conduct is labeled a "crime" and is made punishable by sanctions, such as fines and imprisonment. Most crimes are identified in statutes that have been enacted by federal, state and local government legislatures, in response to issues that affect the jurisdiction. Criminal statutes describe the type of conduct that has been deemed a crime, the mindset or intent required, and in some instances, the proper punishment.
In criminal law, the pending litigation is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil law suit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. However, the prosecutor in a criminal law case has to prove to the judge or jury "beyond a reasonable doubt" that the defendant is guilty of the crime charged. This is a considerably higher legal standard.
What happens if I am arrested for breaking a criminal law?
If you are arrested for breaking a criminal law, the case is usually taken before a magistrate who may issue a warrant if necessary and set a bond for appearance in court. If the defendant cannot post bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest, or the first date available if on a weekend or holiday. The arraignment is held before a judge who formally tells the defendant the offense in which he or she is being charged and informs the defendant of their constitutional rights and of the possible penalties involved. The defendant will enter a plea of guilty or not guilty at this time, the bond or bail may be reviewed, and a date for the next hearing is scheduled.
Can police officers use force to arrest me?
A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances.
Will I be fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense, and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time.
What is the role of the judge in a criminal trial?
The judge in a criminal trial controls all legal proceedings in the courtroom. The judge will determine whether certain evidence is admissible or not, and will rule on preliminary matters and discovery issues that the defense and prosecution may have. And before the jury decides a case, the judge will instruct the jury as to how they must be lawfully guided through the decision process.
What is the role of the jury in a criminal trial?
The jury in a criminal case will consider all aspects of the case for as long as is needed in order to come to a unanimous decision. Once a verdict is reached, it is presented to the defendant in court. A jury may find a person guilty of all, some, or none of the crimes charged in a criminal trial. In some cases, depending on the evidence presented and the nature of the instructions given by the Court to the jury, a jury may convict a defendant of a lesser crime than initially charged in the indictment. If the jury presents a not guilty verdict, the proceedings are over and the jury verdict may not be overturned. If the verdict is guilty, however, the defense may proceed with an appeal.
The Fourth Amendment guarantees the right of people to be free from unreasonable searches and seizures. The Fourth Amendment states, 'The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.'
Does the Fourth Amendment protect all searches?
Before a court will even entertain the possibility that the search in question was unreasonable, the person being searched must have had a legitimate expectation of privacy. To determine whether the defendant had a legitimate expectation of privacy, the courts will look at the following factors: (1) did the person subjectively or actually expect some degree of privacy, and (2) is the person’s expectation objectively reasonable, that is, one that society is willing to recognize?
Bail is money or other property that is deposited with the court in order to ensure that the person accused will return to court when he or she is required to do so. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.
What happens at a bail hearing?
The accused is brought before a magistrate or judge when an arrest happens for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results:
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Recognizance - This is the defendant’s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required.
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Unsecured Bond - This release pending court appearance is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set.
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Secured Bond - This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.
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Ineligible for Bail - The defendant is denied a release pending court appearance.
The bail decision may be appealed to a judge who will re-examine the evidence. A violation of any agreement of release pending court appearance could result in the issuance of an "Order to Show Cause" why the release should not be revoked.
If you or someone you know in Bloomington, Minnesota, or within the surrounding Twin Cities and counties of Minnesota needs the assistance of an experienced Minneapolis Minnesota criminal lawyer, contact the Law Firm of Villaume & Schiek, P.A., at 866-781-1612 or via their convenient contact form to schedule a free consultation with an experienced criminal defense lawyer.
