GENERAL LEGAL INFORMATION AND RESOURCES – PAGE 3

Felony Cases, Misdemeanors, Constitutional Rights, How to Hire a Criminal Lawyer

What to Do If Accused of a Crime, How to Get Out of Jail

Bond Hearings, Federal Crimes

BOND HEARINGS

When a suspect has been charged with a crime, a trial date is set by a judge at a hearing or arraignment. At this time the judge will also decide whether or not the defendant is to return to custody or to be released on bail until the trial. Bail is an amount of money, usually cash or cash equivalent, given to the court to ensure that the accused will appear for trial when ordered. When the defendant appears as ordered the bail is returned, generally minus a small administrative fee. At the first hearing, or arraignment, the judge sets the amount of bail, which can be paid, in the form of a check or property for the full amount, or as a bond. In some cases judges can waive payment of bail and release the defendant on his or her own recognizance. According to the Eighth Amendment of the US Constitution, bail may not be excessive but only be sufficient to guarantee that the Defendant will appear in court to stand trial. In some courts there is a standard schedule of bail amount for certain crimes. If you can’t afford to pay the stipulated amount a judge can lower the bail, either at the arraignment itself or at a special bail hearing requested by your attorney.

FEDERAL CRIMES

Each state has its own laws and prosecutes criminals who break them. The federal government also has laws and breaking these constitutes a federal crime. Generally if a criminal travels from one state to another committing a crime it falls under the jurisdiction of the Federal Bureau of Investigation. Many crimes that involve more than one state, and crimes committed using the US Postal Service, telephones or the internet may fall under the jurisdiction of the federal government. There are a number of specific crimes that fall under federal legislation. These include crimes against federal officers, racketeering, several drug related crimes, threats or violence again prosecutors or judges, civil rights crimes, and cases involving national security. In some cases a crime may be punishable both under state law and by the federal government sometimes with different charges. Federal crimes fall under the jurisdiction of the Department of Justice, the Drug Enforcement Agency, the Secret Service or the United States Postal Service and they are generally investigated by the Federal Bureau of Investigation, prosecuted by a federal prosecutor, and tried in a federal court.