Miranda Rights are constitutional rights. They orginate from the case of Miranda v. Arizona, 384 U.S. 436, 439, 86 S. Ct. 1602, 1609 (1966). Essentailly, the government is required to inform a detained person of the their rights prior to questioning them. If you assert your right to a lawyer, then they cannot continue their line of questioning.
The Miranda Rights read as follows "you have the right to remain silent. If you do say anything, what you say can be used against you in a court of law.You have the right to consult with a lawyer and have that lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire." The authorities do not have to say these rights in that exact way or order. They do have to let a suspect know of the rights.
Typically, what a person has been charged with will be on the arrest warrant. This is a document that is available to you and a copy should be provided to you. If you have been arrested and do not know what you have been charged with you should call me, I can provide this service to you.
The definition of a felony or a misdemeanor is different for each state. Typically, felonies are more serious crimes than misdemeanors and carry a harsher sentence.
Chapter 9 of the Code of Virginia deals with Bail and Recognizances. Accordingly, "Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer. Also, "Bond" means the posting by a person or his surety of a written promise to pay a specific sum, secured or unsecured, ordered by an appropriate judicial officer as a condition of bail to assure performance of the terms and conditions contained in the recognizance. Consequently, if you been arrested, you should call me I am Criminal Justice system Attorney. Checkout my post that further discusses Bail and bond.
Depending on the crime, you should be able to obtain a copy of the police report from the arresting agency. I can also provide this service through a Freedom of Information request.
Depending on the nature of the charge, the process could be relatively short, 6 months or less. Or, it could be long involving years. In every state however an accused does have a right to a speedy trial depending on your circumstances it may or may not be advantageous to enforce that right. This is a discussion you should have with a Criminal Defense Lawyer.
An arraignment is typically a court hearing where the court will formally read the charges against you and allow you to enter a plea of guilty or not guilty. Often, it is an unnecessary process and an attorney will advise you to waive the arraignment and schedule the preliminary hearing.
The preliminary hearing is where the state or government that charged you with a crime will display to the court the evidence against you. At this hearing, your Criminal Defense Lawyer will have the opportunity to ask questions and scrutinize the evidence against you. This is known as cross-examination. Often, depending on your states laws, your Criminal Defense Lawyer may advise you that no defense be proffered to the Court.
An indictment is a formal list of charges against an accused. An indictment is not any evidence of guilt. It is actually illegal to try to use an indictment as evidence of guilt. From the words of former Cheif Judge Sol Wachtler, "If a district Attorney wanted, a grand jury would indict a ham sandwhich."
A Motion in Limine is a motion to the court, somtimes in a separate hearing before trial. Often these are motions that deal with the exclusion of evidence before trial.
At trial, The state will proffer to the court the evidence they have. Sometimes, depending on your jurisdiction and the local authorities ethical standards, this may be an absurd set of evidence that is not evidence of any criminal conduct. At trial, you will have the opportunity to proffer a defense to the accusations against you. Have you been charged with a crime you should call me for a free consultation (434) 660-9701
If you are found guilty or decide to take plea the sentence is dependent on a myriad of factors. And, this can deviate depending on who your judge is. You should call me for a free consultation.